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Dekuzu Posts

Scarlet v. Sabam case: background – the facts and the main proceedings

On 24 June 2004, the Société belge des auteurs compositeurs et éditeurs (SABAM) brought interlocutory proceedings pursuant to the Belgian Law of 30 June 1994 on copyright and related rights before the President of the tribunal de première instance de Bruxelles (Court of First Instance, Brussels) seeking an injunction against Scarlet Extended SA, an ISP.

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Hyperlink is a dissemination of information according to Russian internet watchdog Roskomnadzor

Under the current Russian law the access to the web-site can be restricted without court order if the Attorney General or his deputy believes that such web-site disseminates information or content calling to mass disorder, extremist activities, participation in public events, organised in violation of Russian law and if such web-sites is operated by non-governmental organisation, recognised non-grata in Russia.

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Guidance on IPRED Directive – flat-rate scheme, general obligation and fundamental rights

The IPRED evaluation (de) indicated that rules on reimbursing legal costs differ across the EU and are in some situations insufficient to cover the full costs incurred by the successful party. According to Article 14 of the Directive, the reasonable and proportionate legal costs and other expenses incurred by the successful party are to be borne by the unsuccessful party, unless equity does not allow it. The principle on reimbursing legal costs expressed in Article 14 applies to all types of legal proceedings covered by the Directive, i.e. proceedings on infringement of IPR.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of third option

The core difference between Options 2 and 3 is that Option 3 also covers online linear TV and radio-like transmissions (webcasting services) and online services ancillary to webcasting. One general challenge in assessing impacts of this option is the fact that webcasting market (in the sense of online-only, linear TV or radio-like services) is at a development stage and not yet fully formed.

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Approximately 25% of Russian online stores don’t comply with Russian law

Russian Association of Internet Trade (AKIT) and “Public customer initiative” (OPI) have made research on internet trade. According to this research more than 25% of popular internet stores don’t comply with current Russian law. Approximately 1000 online store have been analyzed during the research.

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Position of the European parliament on adoption of Marrakesh Directive

Taking into consideration the rights of blind, visually impaired or otherwise print-disabled persons as recognised in the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the United Nations Convention on the Rights of Persons with Disabilities (the ʻUNCRPDʼ), measures should be taken to increase the availability of books and other printed material in accessible formats, and to improve their circulation in the internal market.

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Some of ideal business schemes can damage the interests of copyright holders

Robertson founded MP3tunes in February 2005 and launched the website MP3tunes.com to sell independent artists’ songs in the mp3 file format. In the fall of 2005, MP3tunes added a storage service allowing users to store music files in personal online storage “lockers.” Songs uploaded to a user’s locker could be played and downloaded through any internet-enabled device. There are free lockers with limited storage space and premium lockers with expanded storage for a subscription fee.

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