This document discusses lawsuits against Google in the European Union regarding copyright infringement and privacy issues. It provides background on Google's services and EU directives related to data protection, e-commerce, and privacy. Courts have struggled to determine if Google is an editor or host for liability purposes. More recently, courts have tended to view Google as a host with limited liability. Lawsuits have been brought against Google on the grounds of privacy/data protection violations, copyright infringement, and unfair competition.
A bipolar system of copyright in the Internet environment (Presentation title)Dr. Marinos Papadopoulos
Presentation in the 6th International Conference on Information Law & Ethics
"Lifting Barriers to Empower the Future of Information Law and Ethics" (Conference title)
University of Macedonia
Thessaloniki, Greece, May 30-31, 2014
Civil Protection operators and Public Administrations, engaged in urban planning, resource & environmental management, need spatio-temporal processing of GI to support decision-making. Current SDIs and the ESDI, only partially address user needs as they offer no or very limited time variable management . The integration between INSPIRE-compliant geographic datasets and operational databases, essential in domains such as environmental risk management and civil protection, is poor.
Thus the present scope of services SDI can offer is somewhat limited. It is the aim of BRISEIDE to build on existing SDI’s in order to provide users with more complete and adequate data and processing tools.
Digitization of works and access to culture: Recent developments in Google Bo...MariaSinanidou
The document summarizes and compares the Google Books and Europeana digital library projects. It discusses how Google Books works, ongoing legal issues surrounding its digital book database, and the proposed settlement. It also outlines Europeana, the European Union's response which aims to facilitate digitization and access to works across national borders while respecting copyright. Key topics covered include orphan works, rights management, and ensuring public access to digitized cultural works.
The document summarizes EU actions on web accessibility, including policy initiatives, standardization activities, projects, and studies. Key points:
1. Several policy initiatives since 2000 encouraged web accessibility but with limited success, as public websites remain less than 55% accessible. New proposals aim to establish mandatory accessibility standards through public procurement and a Web Accessibility Directive.
2. A European standard on eAccessibility requirements is being developed through Mandate 376 and will reference WCAG 2.0 AA success criteria.
3. Projects and studies have assessed progress and promoted accessibility, finding variation across EU countries and room for improvement in meeting diverse user needs.
Linda Marroquin has extensive experience in business development, strategic planning, and marketing in industries such as telecommunications, healthcare, construction, and technology. She has a Masters in Health Care Administration and a Bachelor's in Psychology. Her skills include developing organizational vision and market strategy to exceed revenue goals. She has experience leading strategic partnerships and implementing initiatives that drive growth.
Jake Schweihs outlines his goals and plans for "Project Dark Magic", a video game he is creating. He discusses his background and goals which include completing Full Sail, creating a perfect reel, and finishing a game before graduation. He then outlines the process of making a video game which includes planning, programming, art, music, testing, potential failures, and marketing. For "Dark Magic" specifically, he describes exploring magical realms, taking down leaders, upgrading skills, and borrowing powers. His plan of attack is to build a perfect team, work at a steady pace, create and test repeatedly, and launch a Kickstarter campaign.
A bipolar system of copyright in the Internet environment (Presentation title)Dr. Marinos Papadopoulos
Presentation in the 6th International Conference on Information Law & Ethics
"Lifting Barriers to Empower the Future of Information Law and Ethics" (Conference title)
University of Macedonia
Thessaloniki, Greece, May 30-31, 2014
Civil Protection operators and Public Administrations, engaged in urban planning, resource & environmental management, need spatio-temporal processing of GI to support decision-making. Current SDIs and the ESDI, only partially address user needs as they offer no or very limited time variable management . The integration between INSPIRE-compliant geographic datasets and operational databases, essential in domains such as environmental risk management and civil protection, is poor.
Thus the present scope of services SDI can offer is somewhat limited. It is the aim of BRISEIDE to build on existing SDI’s in order to provide users with more complete and adequate data and processing tools.
Digitization of works and access to culture: Recent developments in Google Bo...MariaSinanidou
The document summarizes and compares the Google Books and Europeana digital library projects. It discusses how Google Books works, ongoing legal issues surrounding its digital book database, and the proposed settlement. It also outlines Europeana, the European Union's response which aims to facilitate digitization and access to works across national borders while respecting copyright. Key topics covered include orphan works, rights management, and ensuring public access to digitized cultural works.
The document summarizes EU actions on web accessibility, including policy initiatives, standardization activities, projects, and studies. Key points:
1. Several policy initiatives since 2000 encouraged web accessibility but with limited success, as public websites remain less than 55% accessible. New proposals aim to establish mandatory accessibility standards through public procurement and a Web Accessibility Directive.
2. A European standard on eAccessibility requirements is being developed through Mandate 376 and will reference WCAG 2.0 AA success criteria.
3. Projects and studies have assessed progress and promoted accessibility, finding variation across EU countries and room for improvement in meeting diverse user needs.
Linda Marroquin has extensive experience in business development, strategic planning, and marketing in industries such as telecommunications, healthcare, construction, and technology. She has a Masters in Health Care Administration and a Bachelor's in Psychology. Her skills include developing organizational vision and market strategy to exceed revenue goals. She has experience leading strategic partnerships and implementing initiatives that drive growth.
Jake Schweihs outlines his goals and plans for "Project Dark Magic", a video game he is creating. He discusses his background and goals which include completing Full Sail, creating a perfect reel, and finishing a game before graduation. He then outlines the process of making a video game which includes planning, programming, art, music, testing, potential failures, and marketing. For "Dark Magic" specifically, he describes exploring magical realms, taking down leaders, upgrading skills, and borrowing powers. His plan of attack is to build a perfect team, work at a steady pace, create and test repeatedly, and launch a Kickstarter campaign.
This document summarizes the inspiration, development, challenges and future plans of Tearn Up, a student-run skills sharing platform at Princeton University. It notes that Princeton students feel they lack opportunities to learn practical skills outside the classroom. The founders conducted research on existing programs and found high initial demand for Tearn Up when they piloted an alpha prototype. However, challenges included ensuring follow through, improving credibility and attracting more users. Their plans for the future include recruiting more teachers and learners, gaining a corporate sponsor, and establishing a class rating system on the website.
Sujit Das has 12 years of experience in electrical engineering and automation systems for process plants, machine tools industries, and substations. He has expertise in PLC programming, SCADA development, CNC systems, servo drives, VFD drives, and designing electrical systems. Some of his responsibilities include designing, installing, and commissioning automation, electrical, and power management systems for various industries. He is proficient in software such as Eplan, AutoCAD, Solid Edge, and PLC programming packages from Siemens and GE Fanuc.
Black Friday shoppers crowded into the Eastwood Mall in Niles, Ohio to take advantage of sales and deals. Some shoppers said they enjoyed the tradition of Black Friday shopping and were willing to wait in long lines to get good deals. One shopper purchased a 50-inch TV for $149 and finished 95% of her holiday shopping before 10 a.m. Shoppers reported some irritated crowds at stores like Macy's but said overall crowds seemed relatively tame compared to previous years. Many shoppers were satisfied with the purchases they were able to make during the sales.
Este documento define un proyecto como una idea para resolver un problema, explica que la gerencia es dirigir y administrar una empresa, y que los proyectos facilitan el proceso de toma de decisiones para inversiones al verificar la viabilidad técnica, comercial, económica, legal y financiera de una iniciativa. Finalmente, enumera diferentes tipos de proyectos como simples, complejos, públicos, privados y mixtos.
This document contains engineering drawings and parts lists for a robotic mining system. It includes 15 sheets with details on the chassis assembly, gearbox assembly, hopper assembly, mining head assembly, and other subassemblies. The drawings provide dimensions, tolerances, materials, and part numbers for the various components. The parts lists specify the quantity of each part used in the assemblies.
El documento describe los indicadores como medios para evaluar el cumplimiento de objetivos. Explica que los indicadores representan unidades de medida que permiten evaluar el desempeño de una organización frente a sus metas y responsabilidades. Además, los indicadores producen información para analizar el desempeño de cualquier área y verificar el cumplimiento de objetivos en términos de resultados. Finalmente, el documento describe diferentes tipos de indicadores como los de cumplimiento, evaluación, eficiencia, eficacia y gestión.
El estudio de caso es una técnica de aprendizaje en la que los estudiantes analizan una situación problemática de la vida real en pequeños grupos. Los estudiantes deben comprender y resolver el problema a través de la discusión. El estudio de caso desarrolla el espíritu crítico de los estudiantes y los prepara para tomar decisiones mediante la defensa de sus argumentos.
Este documento presenta las leyes fundamentales de los conjuntos, incluyendo la asociatividad, conmutatividad, distribución, absorción, idempotencia, identidad, complemento y ley de Morgan. También presenta 5 ejemplos de aplicación de estas leyes a conjuntos específicos.
Legal challenges of the current digital times by Catalin Suliman | SemDays 2015SEO monitor
The document discusses several legal challenges surrounding competition law and data protection in the digital world. It summarizes key cases involving Google, including finding that Google abused its dominant position in search results and acted as a controller of personal data subject to EU laws. It also discusses issues around big data, online sales, and protecting intellectual property rights on the internet.
European Data Protection, the Right to be Forgotten and Search EnginesDavid Erdos
Provides background and explores the interpretation and enforcement of search engines' obligations under European data protection almost four years on from Google Spain (2014) and on the cusp of the new GDPR era. Focuses on four ongoing controversies: (i) the scope of such responsibilities under DP, (ii) the regulation of sensitive persona data, (iii) the legitimacy of webmaster notification and (iv) the geographical scope of action required.
EXPERT WEBINAR: GDPR One Year Later — What Can We Learn from Investigations a...Feroot
Join James Tumbridge, a lawyer with the specialist law firm Venner Shipley and one of the authors of the UK Data Protection Act 2018, and Ivan Tsarynny, CEO & Founder of Feroot Privacy, to discuss the unique data protection laws of EU jurisdictions and the potential impact regulations can have on your business operations, expansion plans and governance structure.
Topics for discussion include:
- Lessons learned from the courts, regulator inquiries and fines over the past year
- How to stay informed of current privacy regulations by learning about those who have been impacted already
- Significant trends in GDPR behaviours
- An overview of jurisdictional regulations & how to best prepare
- Key issues to keep in mind for governance, corporate structures and domiciles in data protection terms
This document discusses perspectives on trademarks and the internet from a French legal standpoint. It summarizes several French court cases regarding eBay, Google, and other companies' use of trademarks online. The key points are:
- France has a large number of luxury brands and strict laws regarding trademark infringement.
- French courts have ruled both for and against companies like eBay and Google in different cases regarding use of trademarks as keywords/ads.
- There is diversity in how French courts understand and apply EU trademark law to new online tools and business models.
The document discusses how recent rulings by the Court of Justice of the EU (CJEU) have impacted copyright protection on the internet in France. Specifically, the CJEU has ruled that posting hyperlinks and embedding content using framing techniques does not constitute copyright infringement if the original works were freely available online. However, there is still uncertainty around how broadly these rulings can be applied. Under French law, wider copyright protections still exist, but French courts may now only rule on damages caused within France by infringements on websites accessible there.
For Superweek 2022: discussing risk using IAB's TCFAurélie Pols
This document discusses the legality of real-time bidding (RTB) under GDPR and who bears the risk of non-compliance. It notes that RTB involves broadcasting personal data internationally to various entities without ensuring proper deletion or purpose limitations. This violates GDPR principles. While the IAB claims its transparency and consent framework addresses this, investigations found ongoing issues. The document argues RTB likely violates GDPR and publishers may ultimately be responsible as data controllers, though determining clear liability is difficult given interlocking obligations of many involved parties. Education is needed on privacy risks to help achieve compliance.
March 5, 2013 Webinar - ISP Liability in Europe and in the USCobaltSophie
This document discusses developments in Europe and the US regarding ISP liability for copyright and trademark infringement by third parties. It provides an overview of:
1) The key regulations governing online service provider (OSP) liability in the EU and US, including the DMCA and EU E-Commerce Directive, which establish similar frameworks of limited liability for OSPs.
2) How US and EU courts have interpreted these frameworks differently, with the EU taking a broader view of concepts like knowledge standard and response obligations.
3) Best practices for rightsholders and platforms to address this globally, including considering the broader EU standards given its role as a common market.
Case studies on cross-border injunctions
Pascal Böhner, BARDEHLE PAGENBERG Partnerschaft mbB, Attorney-at-Law
I. Obtaining injunctions abroad
Case 1: Cupcake wars
Case 2: Nintendo/BigBen
Case 3: Coty / B.O Zacobi (IT)
Case 4: Condenser for air conditioning unit
II. Injunctions against intermediaries
III. Precautionary measures/Preliminary injunctions
IV. Scope of injunction
BGH, judgment of 11 October 2017 - I ZB 96/16
Requirements for compliance with injunction orders
--> Liability to cease and desist = Liability for removal???
Law enforcement agencies around the world are investigating Google for potential antitrust violations and other issues. Regulators in the US, Europe, South Korea, India, Argentina, Brazil, and France are looking into Google's business practices relating to search, search advertising, privacy, and allegations that Google abused its dominant market position. The European Commission has been conducting a formal antitrust investigation since 2010 focused on whether Google manipulated search results and search ads to harm rivals.
The document discusses the operations of search tools and how they can potentially conflict with copyright law. It examines approaches in the US, EU, and other countries. The US generally finds search tool activities like caching and displaying snippets to be fair use. The EU approach is more divided, with some courts finding violations while others see no harm. The document explores options for better protecting search tools, such as exceptions in copyright law, clarifying implied licenses, or understanding the tools as using information rather than copyrighted works.
This document summarizes the inspiration, development, challenges and future plans of Tearn Up, a student-run skills sharing platform at Princeton University. It notes that Princeton students feel they lack opportunities to learn practical skills outside the classroom. The founders conducted research on existing programs and found high initial demand for Tearn Up when they piloted an alpha prototype. However, challenges included ensuring follow through, improving credibility and attracting more users. Their plans for the future include recruiting more teachers and learners, gaining a corporate sponsor, and establishing a class rating system on the website.
Sujit Das has 12 years of experience in electrical engineering and automation systems for process plants, machine tools industries, and substations. He has expertise in PLC programming, SCADA development, CNC systems, servo drives, VFD drives, and designing electrical systems. Some of his responsibilities include designing, installing, and commissioning automation, electrical, and power management systems for various industries. He is proficient in software such as Eplan, AutoCAD, Solid Edge, and PLC programming packages from Siemens and GE Fanuc.
Black Friday shoppers crowded into the Eastwood Mall in Niles, Ohio to take advantage of sales and deals. Some shoppers said they enjoyed the tradition of Black Friday shopping and were willing to wait in long lines to get good deals. One shopper purchased a 50-inch TV for $149 and finished 95% of her holiday shopping before 10 a.m. Shoppers reported some irritated crowds at stores like Macy's but said overall crowds seemed relatively tame compared to previous years. Many shoppers were satisfied with the purchases they were able to make during the sales.
Este documento define un proyecto como una idea para resolver un problema, explica que la gerencia es dirigir y administrar una empresa, y que los proyectos facilitan el proceso de toma de decisiones para inversiones al verificar la viabilidad técnica, comercial, económica, legal y financiera de una iniciativa. Finalmente, enumera diferentes tipos de proyectos como simples, complejos, públicos, privados y mixtos.
This document contains engineering drawings and parts lists for a robotic mining system. It includes 15 sheets with details on the chassis assembly, gearbox assembly, hopper assembly, mining head assembly, and other subassemblies. The drawings provide dimensions, tolerances, materials, and part numbers for the various components. The parts lists specify the quantity of each part used in the assemblies.
El documento describe los indicadores como medios para evaluar el cumplimiento de objetivos. Explica que los indicadores representan unidades de medida que permiten evaluar el desempeño de una organización frente a sus metas y responsabilidades. Además, los indicadores producen información para analizar el desempeño de cualquier área y verificar el cumplimiento de objetivos en términos de resultados. Finalmente, el documento describe diferentes tipos de indicadores como los de cumplimiento, evaluación, eficiencia, eficacia y gestión.
El estudio de caso es una técnica de aprendizaje en la que los estudiantes analizan una situación problemática de la vida real en pequeños grupos. Los estudiantes deben comprender y resolver el problema a través de la discusión. El estudio de caso desarrolla el espíritu crítico de los estudiantes y los prepara para tomar decisiones mediante la defensa de sus argumentos.
Este documento presenta las leyes fundamentales de los conjuntos, incluyendo la asociatividad, conmutatividad, distribución, absorción, idempotencia, identidad, complemento y ley de Morgan. También presenta 5 ejemplos de aplicación de estas leyes a conjuntos específicos.
Legal challenges of the current digital times by Catalin Suliman | SemDays 2015SEO monitor
The document discusses several legal challenges surrounding competition law and data protection in the digital world. It summarizes key cases involving Google, including finding that Google abused its dominant position in search results and acted as a controller of personal data subject to EU laws. It also discusses issues around big data, online sales, and protecting intellectual property rights on the internet.
European Data Protection, the Right to be Forgotten and Search EnginesDavid Erdos
Provides background and explores the interpretation and enforcement of search engines' obligations under European data protection almost four years on from Google Spain (2014) and on the cusp of the new GDPR era. Focuses on four ongoing controversies: (i) the scope of such responsibilities under DP, (ii) the regulation of sensitive persona data, (iii) the legitimacy of webmaster notification and (iv) the geographical scope of action required.
EXPERT WEBINAR: GDPR One Year Later — What Can We Learn from Investigations a...Feroot
Join James Tumbridge, a lawyer with the specialist law firm Venner Shipley and one of the authors of the UK Data Protection Act 2018, and Ivan Tsarynny, CEO & Founder of Feroot Privacy, to discuss the unique data protection laws of EU jurisdictions and the potential impact regulations can have on your business operations, expansion plans and governance structure.
Topics for discussion include:
- Lessons learned from the courts, regulator inquiries and fines over the past year
- How to stay informed of current privacy regulations by learning about those who have been impacted already
- Significant trends in GDPR behaviours
- An overview of jurisdictional regulations & how to best prepare
- Key issues to keep in mind for governance, corporate structures and domiciles in data protection terms
This document discusses perspectives on trademarks and the internet from a French legal standpoint. It summarizes several French court cases regarding eBay, Google, and other companies' use of trademarks online. The key points are:
- France has a large number of luxury brands and strict laws regarding trademark infringement.
- French courts have ruled both for and against companies like eBay and Google in different cases regarding use of trademarks as keywords/ads.
- There is diversity in how French courts understand and apply EU trademark law to new online tools and business models.
The document discusses how recent rulings by the Court of Justice of the EU (CJEU) have impacted copyright protection on the internet in France. Specifically, the CJEU has ruled that posting hyperlinks and embedding content using framing techniques does not constitute copyright infringement if the original works were freely available online. However, there is still uncertainty around how broadly these rulings can be applied. Under French law, wider copyright protections still exist, but French courts may now only rule on damages caused within France by infringements on websites accessible there.
For Superweek 2022: discussing risk using IAB's TCFAurélie Pols
This document discusses the legality of real-time bidding (RTB) under GDPR and who bears the risk of non-compliance. It notes that RTB involves broadcasting personal data internationally to various entities without ensuring proper deletion or purpose limitations. This violates GDPR principles. While the IAB claims its transparency and consent framework addresses this, investigations found ongoing issues. The document argues RTB likely violates GDPR and publishers may ultimately be responsible as data controllers, though determining clear liability is difficult given interlocking obligations of many involved parties. Education is needed on privacy risks to help achieve compliance.
March 5, 2013 Webinar - ISP Liability in Europe and in the USCobaltSophie
This document discusses developments in Europe and the US regarding ISP liability for copyright and trademark infringement by third parties. It provides an overview of:
1) The key regulations governing online service provider (OSP) liability in the EU and US, including the DMCA and EU E-Commerce Directive, which establish similar frameworks of limited liability for OSPs.
2) How US and EU courts have interpreted these frameworks differently, with the EU taking a broader view of concepts like knowledge standard and response obligations.
3) Best practices for rightsholders and platforms to address this globally, including considering the broader EU standards given its role as a common market.
Case studies on cross-border injunctions
Pascal Böhner, BARDEHLE PAGENBERG Partnerschaft mbB, Attorney-at-Law
I. Obtaining injunctions abroad
Case 1: Cupcake wars
Case 2: Nintendo/BigBen
Case 3: Coty / B.O Zacobi (IT)
Case 4: Condenser for air conditioning unit
II. Injunctions against intermediaries
III. Precautionary measures/Preliminary injunctions
IV. Scope of injunction
BGH, judgment of 11 October 2017 - I ZB 96/16
Requirements for compliance with injunction orders
--> Liability to cease and desist = Liability for removal???
Law enforcement agencies around the world are investigating Google for potential antitrust violations and other issues. Regulators in the US, Europe, South Korea, India, Argentina, Brazil, and France are looking into Google's business practices relating to search, search advertising, privacy, and allegations that Google abused its dominant market position. The European Commission has been conducting a formal antitrust investigation since 2010 focused on whether Google manipulated search results and search ads to harm rivals.
The document discusses the operations of search tools and how they can potentially conflict with copyright law. It examines approaches in the US, EU, and other countries. The US generally finds search tool activities like caching and displaying snippets to be fair use. The EU approach is more divided, with some courts finding violations while others see no harm. The document explores options for better protecting search tools, such as exceptions in copyright law, clarifying implied licenses, or understanding the tools as using information rather than copyrighted works.
Marsden CELPU 2021 platform law co-regulationChris Marsden
12 November 2021 20th Annual International Conference, Center for Law & Public Utilities, School of Law, Seoul National University: The Wave of Digital Economy and Exploration of the Direction of Online Platform Regulation
Professor Chris Marsden, Sussex Law @SussCIGR
Discussion: Dr Eun-Jung Kwon (KISDI)
Overview of Recent CJEU Copyright Judgments - ICEL IT Law Conference 2015 (El...Eleonora Rosati
This document summarizes recent and forthcoming copyright decisions from the Court of Justice of the European Union (CJEU). It discusses cases related to exclusive rights including distribution rights, digital exhaustion, communication to the public, and linking. It also covers exceptions and limitations such as parody and library digitization. Upcoming cases involve private copying levies, linking, broadcasting music, and software exhaustion. The European Commission has launched a Digital Single Market strategy to improve access to online goods and services across Europe and maximize growth of the digital economy.
2015 Internet and ECommerce Law ReviewGraham Smith
The document summarizes key developments in internet and e-commerce law from 2015, including the implementation of the Consumer Rights Act which established new rights and remedies for digital content. It discusses format shifting and personal copies for private use, online intermediary liability regarding site blocking injunctions, cross-border copyright jurisdiction, and the continuing issues around RIPA, DRIPA, and the proposed Investigatory Powers Bill regarding bulk data interception and communications retention. It concludes by looking forward to developments in 2016 regarding copyright, online regulation, and the EU Digital Single Market review.
This document summarizes a webinar on legal issues in social media. It discusses the European framework for social media regulation, including common rules around advertising, data protection, and e-commerce. It then focuses on how these areas are regulated specifically in Italy, noting Italy's strict approach to data protection and liability on the internet. The document concludes by considering how new technologies may impact future regulation around big data and privacy.
The EC ruled that Microsoft had abused its dominant position in the market by bundling its Windows Media Player with its Windows operating system and by not providing sufficient technical information to allow other companies' server products to work well with Windows. As a result, Microsoft was fined 497 million euros and required to offer a version of Windows without Media Player and share technical information with competitors. However, Microsoft appealed the ruling and the implications of the EC's actions created uncertainty for strategic planning by large multinational companies.
G.M. Riccio - National Efforts to Control the Internet: to Regulate or Not? ...
WHAT'S HOT IN COPYRIGHT FROM THE EU TO THE US VEF
1. WHAT’S HOT IN COPYRIGHT
FROM THE EU TO THE US ?
PACA 19th Annual Conference
New York, Oct. 21, 2014
2. Current status of the lawsuits in the
European Union vs. Google (I)
• Google friend or foe?
• A friend for business?
• An enemy for Copyright and Data protection?
3. Current status of the lawsuits in the European
Union vs. Google (I)
Who is Google?
• Search engine: Google’s original service is to offer access to
programs that search documents online with keywords and
return a list of links towards documents
• Lucrative services: Google makes its profits thanks to online
content through services such as Google Adwords, Google
Suggest, Google Analytics, Google Images, Google Video…
4. Current status of the lawsuits in the European
Union vs. Google (I)
Google images
• In 2005, Google had indexed over 1 billion images.
• In 2010, over 10 billion images.
• And every day Google indexes some more…
5. Current status of the lawsuits in the European
Union vs. Google (I)
Law on online activities in the EU
In the EU, online activities are regulated by 3 major Directives :
• EU Directive Data Protection 95/46/EC of 24 October 1995
Ex: ECJ 13 mai 2014 « Right to be forgotten »
Google is liable to remove certain links towards webpages containing personal data and
cannot invoke that it’s status of host to avoid this liability
• EU Directive on E-Commerce 2000/31/EC of 8 June 2000
• EU Directive on Privacy and Electronic Communications
2002/58/EC of 12 July 2002
6. Current status of the lawsuits in the European
Union vs. Google (I)
EU law implementation requirement
• EU Directives have to be implemented in National law
• The time limit for implementing an EU Directive is usually of
two years
7. Current status of the lawsuits in the European
Union vs. Google (I)
Implementation of EU law: the example of France
• In France, the EU Directive on E-Commerce and the EU
Directive on Privacy have been implemented by the Law for
Trust in the Digital Economy (LCEN Act of 22 June 2004).
• Under this law, the liability regime for online communication
activities depends on whether the Defendant is a host, an
editor or an internet service provider
8. Current status of the lawsuits in the European
Union vs. Google (I)
What are the implications of the regime of editor or host?
Under Article 6 of the LCEN :
• An editor
• has an active role in the choice of the content
• is held directly liable for any unlawful content displayed online
• A host
• has a passive role in the choice of the content
• is only liable if it has been notified that unlawful content is displayed
by its services and fails to remove the content within a reasonable
time
9. Current status of the lawsuits in the European
Union vs. Google (I)
Does Google have an active role?
• The essential questions to determine which legal regime will apply to
Google and on which grounds it may be held liable are:
• What is the scope of Google’s activities ?
• What role Google plays in these services?
• Google claims that its algorithm is automatic and the Company only
has a passive role regarding the content displayed online.
• However, Google can modify its algorithm to chose to remove certain
contents.
Ex: The Google images search algorithm was last changed in 2012 to prevent
pornographic images from appearing when non-pornographic search terms are used.
10. Current status of the lawsuits in the European
Union vs. Google (I)
Is Google an editor or a host?
• Courts have to determine the status of host or editor if the
defendant claims the host limited liability of the LCEN Act
Ex: Cour de Cassation, Commercial Chamber, 29 January 2013, « Cobrason v. Google »
A competitor of the company purchased its Trademark as an AdWord.
The Court of Appeal condemned Google and the competitor to 100.000 € of damages.
However, the Cour de cassation cancelled the decision because the Court of Appeal did
not answer Google’s claim to the limited liability regime under the LCEN Act
• French courts hesitated : is Google a host or an editor?
11. Current status of the lawsuits in the European
Union vs. Google (I)
Before 2009: Editor
• French courts considered that Google was an editor therefore
directly liable for the content communicated online if the
content infringed a copyright or a trademark
Ex: Paris Court of Appeal, 28 June 2006 “Vuitton v. Google”
Who? Vuitton sued Google for allowing the purchase of AdWords associating its
Trademarks with key words such as replica, imitation or copies.
Decision? Google is held liable of Trademark and Domain Name infringement.
Damages? 300.000€ for Trademark infringement and unfair competition and 60.000€ for
legal fees
12. Current status of the lawsuits in the European
Union vs. Google (I)
Since 2009: Host
• French courts consider that Google is a host with limited
liability and is therefore only liable if the claimant proves that
Google had knowledge of the display of unlawful content and
failed to remove or delete it reasonably quickly.
Ex: Paris Court of Appeal, 4 February 2011 « Google France v. Auféminin.com et al. »
Why? Google Inc. and Google France did not remove sufficiently quickly the
unauthorized reproduction of a photograph in Google images despite the
photographers’ request.
Sanction? Google is found liable of Copyright infringement.
Damages? 20.000€ for Copyright infringement and 10.000€ for legal fees
13. Current status of the lawsuits in the European
Union vs. Google (I)
Legal grounds for actions against Google
• In order to win a claim against a Google, Claimants must :
1) demonstrate the elements constituting the infringement or privacy
breach,
2) and prove that Google was notified of the infringement and failed to
react within a reasonable time
Ex: 5 days to remove videos was considered unreasonably long by Paris 1st Instance
Court on 29 May 2012 “TF1 v. YouTube”
• The “Host” limited liability regime applied to Google partly
explains why most Claimants mainly focus on suing their
competitors
14. Current status of the lawsuits in the European
Union vs. Google (I)
What are the grounds for the claims against Google?
• Privacy/Data protection (A)
• Copyright infringement (B)
• Trademark infringement
• Unfair competition
15. Current status of the lawsuits in the European
Union vs. Google (I)
Privacy actions (A)
Privacy is a legal basis now often used against Google:
• the right to privacy is considered very important in the
European culture
• EU law on Privacy offer a strong protection to individuals
• Evidence of a privacy violation is easier to provide than
Copyright infringement
16. Current status of the lawsuits in the European
Union vs. Google (I)
Regulation Authority and data protection
• The French Regulation Authority (CNIL) :
verifies that Companies respect the French Data Protection Act
is entitled to fine Companies for violating these obligations
but the amount of damages is less important than in the US
• The CNIL sanctioned Google for violating Data Protection provisions
In January 2014, Google was ordered to pay a fine of 150.000€ and to
publish the CNIL decision during 48 hours on its home page.
The French Administrative Supreme Court confirmed this decision on
February 7, 2014.
17. Current status of the lawsuits in the European
Union vs. Google (I)
Google Suggest sanctioned on the ground of Data Protection
Law
• Paris Commercial Court, 28 January 2014 « M. X. c/ Google Inc.,
Google France »
Who? A gallery owner asked Google to delete the negative suggestions
appearing next to his name in the Google search bar
Why? Google Suggest and associated search are a considered services that
process personal data. Google was held to violate the French law on data
protection.
Sanction? The Court orders Google to delete the suggestions and pay
10.000 € for legal fees (article 700)
18. Current status of the lawsuits in the European
Union vs. Google (I)
Court actions on the basis of the right to Privacy
• French Legal basis for actions for privacy violations:
Article 9 of the French Civil Code (Right to privacy)
• Paris 1st Instance Civil Court, 6 November 2013, « Mosley »
Google is ordered to stop displaying in Google Images 9 pictures
showing “private” scenes and taken against the person’s will.
Damages: 1€ symbolic and 5.000€ for legal fees (Article 700 of the
French civil procedure code)
19. Current status of the lawsuits in the European
Union vs. Google (I)
Copyright actions (B)
• EU law on Copyright is not yet completely unified
– There is an EU Directive 2001/29/EC on copyright and related rights in
the information society
– It essentially requires Member States to provide for:
Reproduction right
Communication right
Distribution right
20. Current status of the lawsuits in the European
Union vs. Google (I)
Copyright actions : the example of French law
• Under French law, a Copyright infringement claim must
prove:
« A reproduction, representation or diffusion, by any means, of a work
in violation of the author’s rights » (Art. L. 335-3 Intellectual Property
Code).
• A Copyright infringement claim can be based both on the
author’s patrimonial or moral rights
21. Current status of the lawsuits in the European
Union vs. Google (I)
Google’s « host » limited liability applies to Copyright
actions
• Cour de Cassation, 1st civil chamber, 12 July 2012 « Google
France v. Bac films »
The fact to make available in Google Video a film without
authorization is infringing
The Court orders Google Inc. and Google France is not liable
because Google is a host and has a limited liability
22. Current status of the lawsuits in the European
Union vs. Google (I)
Hyperlinks towards infringing content
• Paris 1st instance Civil Court 28 Novembre 2013
« Allostreaming » (Emergency procedure)
Who? Cinema and video producers’ associations sued search engines
including Google and Internet Service Providers for allowing access to
websites unlawfully making available films and videos online
Sanction? The Court orders Google Inc and Google France to take all steps
to prevent the display of results in the search engine linking towards
websites displaying content infringing Copyright.
Damages? No damages were awarded.
23. Copyright reforms (II)
Reforms in the EU and the US
• Major comprehensive Copyright reforms are on their way
both in the EU and in the United States:
– "A Single Market for Intellectual Property Rights“ initiated by the
European Commission in 2011 in the EU
– “The Next Great Copyright Act” initiated by Maria Pallante’s speech in
2013 in the US
• They both focus strongly on the issues concerning Copyright
and the Internet
24. Copyright reforms (II)
A Single Market for Intellectual Property Rights (A)
• Within this Framework, the European Commission has
adopted:
– Directive 2012/28/EU on orphan works on 25 October
2012;
– Directive 2014/26/EU on collective rights management
and multi-territorial licensing of rights in musical works for
online uses on 4 February 2014.
25. Copyright reforms (II)
Latest steps towards the copyright framework in the EU
– the “Licences for Europe” stakeholder consultation
process finalized on 13 November 2013;
– the public consultation on the review of EU copyright
rules from 5 December 2013 to 5 March 2014
– the white paper on the EU copyright reform titled “A
copyright policy for Creativity and Innovation in the
European Union” to be released in 2014
26. Copyright reforms (II)
In France (B)
Implementation of the Orphan works Directive
• A comprehensive orphan works system had been proposed in 2010
• For now, only the Orphan works Directive provisions will be implemented :
– They only concern national cultural institutions such as libraries open
to the public, educational establishments and museums.
– It concerns written works, cinematographic, audiovisual works and
phonograms and only fixed images incorporated to those works.
27. Copyright reforms (II)
A future collective rights system for pictures on the Internet
• French statute proposal in 2014 the 8th April on collective
rights management on graphic, plastic and photographic
works by referencing and search engines
– Proposal to create a mandatory collective rights management system
similar to the existing systems for reprography and music
• Collecting societies would contract with search engines and
authorize the reproduction and representation of images and
pictures by these services and collect related remuneration.
28. Conclusion
• Will the digitalization of Copyright lead to a
worldwide reform of copyright law?