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Tag Archives: Bestwater

Posted in Copyright Eva VonauDiana Ettig

EU: Advocate General – Hyperlinking is lawful regardless whether content was uploaded with or without permission

Hyperlinks are yet again on the Court of Justice of the European Union’s (CJEU) agenda. Whilst in 2014, the decision Svensson (C-466/12) and BestWater International (C-348/13) set path-breaking precedent, the current matter GS Media (C-160/15) promises to fill those gaps that remained after the first two judgments.

On 7 April 2016, it was for … Continue Reading

Posted in Copyright Win Yan Lam

Dutch Supreme Court & CJEU: When do hyperlinks constitute copyright infringement? GeenStijl v. Sanoma

The Dutch Supreme Court referred to the CJEU a question as to whether it is relevant that a work that a hyperlink directs to has been placed online without the copyright owner’s consent; the decision provides further analysis of Svensson and BestWater.

Read or summary of the issues raised here.

First published in May-June issue of E-Commerce Law ReportsContinue Reading

Posted in Copyright Eva Vonau

Framing in the limelight: German Federal Supreme Court – “framing” of copyrighted content is not infringement if originally uploaded with consent

On 9 July 2015, the German Federal Supreme Court ruled, once again, on the case of Bestwater. You may already know this case as both the German Federal Supreme Court and the CJEU already released decisions on it before.

The case concerns the claim of Bestwater, a German company manufacturing and distributing water purification systems, that its rights were infringed … Continue Reading