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Jurisprudence

Azeri opposition blogger arrested

10 October, 2012
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This article is also available in:
Deutsch: Aserbaidschan: Oppositioneller Blogger verhaftet


A new arrest made by the Azeri authorities raise concerns over the freedom of speech in Azerbaijan ahead of the next year's general elections.

The well-known blogger and opposition activist Zaur Gurbanli was arrested from his home on 29 September 2012 by several people who identified themselves as members of the Interior Ministry’s organized crime department.

Spanish website gets back seized domain names. After 18 months.

12 September, 2012
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This article is also available in:
Deutsch: [Spanische Webseite bekommt beschlagnahmte Domain zurück. Nach 18 Monaten.

Banking blockade on Wikileaks broken by the Icelandic court

18 July, 2012
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This article is also available in:
Deutsch: Island: Gericht bringt Finanzblockade gegen WikiLeaks zu Fall


An Icelandic court has made a step towards unblocking funds towards WikiLeaks by recently ruling that Valitor, the local agent for Visa, broke the contract when it stopped accepting donations for the website a year ago.

The ban was the result of a blocking campaign started in December 2010 against WikiLeaks through Visa, Mastercard, Western Union, Bank of America and PayPal following the US State Department cable leaks in 2010, revealing U.S. war crimes and statecraft.

Scarlet v SABAM: a win for fundamental rights and Internet freedoms

30 November, 2011
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This article is also available in:
Deutsch: Scarlet vs. SABAM: Ein Sieg für die Grundrechte und die Freiheit des ...


On 24 November 2011, the European Court of Justice decided that an Internet service provider (ISP) can not be ordered to install a system of filtering of all electronic communications and blocking certain content in order to protect intellectual property rights.

Slovakia: Court asks website to filter public procurement open data

27 July, 2011
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This article is also available in:
Deutsch: Slowakei: Gericht fordert Filterung von Open Data zum öffentlichen Au...


Fair-Play Alliance (AFP), a Slovak non-governmental organization operating znasichdani.sk site, was required by a Bratislava District Court to take down from the website information related to certain public procurement contracts.

The website was created in March 2011 in order to provide "a tool that would enable journalists and watchdogs to cross-check information about companies successful in public procurements with influential persons in these companies".

The basi

Legal victory for trademark litigants over intermediary liability

13 July, 2011
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This article is also available in:
Deutsch: Markenschutz-Verfechter erringen juristischen Sieg in Sachen Providerh...


On 12 July 2011, the European Court of Justice ruled on the liability of online marketplaces for trademark infringements by users and the scope of the hosting safe harbour of the E-Commerce Directive. The case results from legal proceedings between L'Oréal and eBay in the UK. The ECJ concluded that the safe harbour for hosting providers only applies to third party data processing that is merely technical and automated, as well as passive and neutral.

Finland: Blocking of domestic websites ruled illegal

1 June, 2011
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This article is also available in:
Deutsch: Finnland: Sperre heimischer Webseiten rechtswidrig


The Helsinki Administrative Court has ruled that domestic websites may not be placed on the secret blocking blacklist maintained by the police.

This is the latest turn in a long legal fight by Finnish activist Matti Nikki, whose website lapsiporno.info (translates as "childporn.info") was put on the secret blacklist in February 2008 and has remained on the list ever since.

The Finnish blocking blacklist is based on a law passed in 2006 that allows the police to create and maintain a secret list of websites in order to prevent access to child pornography on foreign websites.

Italian court found Google responsible for search suggestions to users

20 April, 2011
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This article is also available in:
Deutsch: Italienisches Gericht macht Google für Suchvorschläge haftbar


On 31 March 2011, an Italian court of Milan ruled that Google was responsible for its Google Suggest, the "autocomplete" function that suggests words and characters to complete a partial search for its users.

The case was brought to court by a person whose name, when typed in the Google search field, was associated, through the "suggested searches" (now "related searches"), to the words "truffatore" (con man, swindler) and "truffa" (scam, fraud).

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