Monday, 26 September 2016

Provider Of Free Public WiFi Not Liable for IP Infringements By Users

EuGH C-484 / 14

The European Court of Justice has found that the provider of a WiFi network, which he provides to the public without charge, cannot be held liable for IP infringements committed by users. He may be ordered though to protect the network by a password to prevent IP infringements. 

Hard - and Software Bundle Not Unfair Practice

EuGH C-310 / 15

The European Court of Justice decided that the sale of computer with pre-installed software is not an unfair business practice. The promotion of computer and software bundles meets the expectation of a considerable part of consumers and is therefore not a professional negligence. In such cases consumer also do not expect a separate display of prices which is why the lack of separate display of prices can not be deemed misleading consumers.

Linking Can Be Illegal Display of Protected Work

EuGH C-160 / 15

The European Court of Justice decided that creating a link to works displayed on another website is in itself illegal public display of the works, if the link creator knew that the display on the other website violated IP rights but he still created the link to generate profit.

Thursday, 1 September 2016

EU - US Privacy Shield Is Live

After the EU and the US agreed on the successor agreement to Safe Harbour, called the
EU - US Privacy Shield, US companies may as of August 1, 2016, self certify under the programme as a means of complying with EU data protection laws when transferring EU
personal data from the EU to the US.

EU Commission Finds Apple Tax Benefits in Ireland Illegal

On 30th of August the European Commission issued a statement about its decision that Ireland granted undue tax benefits of up to €13 billion to Apple. This is illegal under EU state aid rules, because it allowed Apple to pay substantially less tax than other businesses. Ireland must now recover the illegal aid from Apple. There are no fines under EU State aid rules and recovery does not penalise the company in question. It simply restores equal treatment with other companies.