Until last year, the right to be forgotten used to be an idea of Viktor Mayer-Schönberger, an Austrian law professor. He suggested – and probably still suggests – providing a “best before date” for data that is electronically saved. After the expiration of the date, the data would be automatically deleted by the application or computer system. Last year, the idea – or a modification thereof – became part of a draft regulation of the European Commission. Continue reading
Today the Hamburg Regional Court opened the trials in Max Mosley’s lawsuit against Google Inc. over violation of his right of personality. The plaintiff wants Google to filter out compromising pictures from its search results. Continue reading
During last week’s 69th German Legal Colloquium the association’s members discussed – amongst other topics – the future of IT-law in Germany (you can find all the decisions here – in German). Their decisions on how to fight cyber crime, data protection and liability are supposed to initiate legal reforms. In some cases, you hope the legislator won’t feel inclined. Continue reading
After having uploaded quite some posts about how liability for third party Internet content works in German law, and having done so in rather abstract terms (in part, admittedly, for shying away from translating dozens of pages of court decisions) here is a good example of how it works in practice. A colleague from Italy has thankfully posted an English translation of the YouTube v. GEMA decision of the Hamburg District Court of April 20, 2012 on his blog. Continue reading
The German Federal Ministry of Justice has published the long-awaited proposal for the implementation of a new neighboring right for press publishers. According to the reason given for the draft, press publishers will be granted the neighboring right in order to ease their lives in our digital times (by way of making sure that they receive a compensation for the specific work that they do).
For more than three years, press publishers have lobbied for a new IPR as a prerequisite to maintain quality journalism in the digital age. As was to be expected, the request has been quite heavily criticized by renowned scholars, the German industry and interest groups like IGEL (initiative against a neighboring right for press publishers) – with quite a notable list of supporters. The most notable opponent of such a new right (and main target of the press publishers) is Google, aka the usual suspect.
From the point of view of the press publishers who want and need to be able to gain noteworthy profits from their online press publications, Google’s business model unjustly exploits their content and publications. News aggregators like Google News are said to be a prime example of the internet age’s free riding business models massively harming the press publishers as advertising budgets are not spent where the content comes from. On the other hand, a neighboring right that will protect an individual sentence or a few words taken from an article would obviously be substantially cutting into freedoms that most Internet users have become accustomed to. Continue reading
There is a lot of noise (for example, here, here, here, here, and here) out there about this week’s verdict in Oracle v. Google, especially about the following question: Are interfaces protected by copyright? I stumbled across quite a few places (see here, here, and here) where experts pointed to the ECJ’s SAS Institute v. World Programming ruling while discussing this question. According to them, the ECJ clearly stated last week that interfaces enjoy no copyright protection. Is this really what the ECJ said? Continue reading