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Jurisprudence

The French supreme court recognizes hosting status of Web 2.0 services

23 February, 2011
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This article is also available in:
Deutsch: Französisches Höchstgericht bestätigt Hosting-Status von Web 2.0 Di...


On 17 February 2011 the French Court of Cassation recognized the hosting status of Dailymotion and Fuzz.fr.

Spanish sports streaming domain seized by US authorities without warning

9 February, 2011
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This article is also available in:
Deutsch: US-Behörden entziehen spanischen Sportstreamingseiten die Domain


The US authorities have recently seized, without any warning, the domain names of several sports streaming sites over alleged copyright infringements within the "Operation In Our Sites" action launched at the beginning of July 2010, targeting websites having allegedly offered users copyrighted material without copyright owners' consent.

In July 2010, the Department of Justice (DOJ) and Homeland Security's Immigration and Customs Enforcement (ICE) seized a series of film streaming domain names.

Italy: Online editors are not liable as the printed press

6 October, 2010
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This article is also available in:
Deutsch: Italien: Online-Herausgeber unterliegen nicht den gleichen Haftungsbes...


The Italian Court of Cassation ruled in a decision taken on16 July 2010 and published on 1 October 2010 that online editors are not directly liable for the content published on their websites.

Azeri bloggers appeal rejected by the Supreme Court

25 August, 2010
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This article is also available in:
Deutsch: Einspruch von Azeri Bloggern vom Höchstgericht abgewiesen


The Azerbaijani Supreme Court took a disturbing decision on 19 August 2010 rejecting the appeal by bloggers and activists Emin Milli and Adnan Hajizade thus upholding the previous decisions taken by the lower courts in 2009 that convicted the two bloggers under false accusations of hooliganism.

The two bloggers were arrested on 8 July 2009 after having appealed to the police as victims of an assault in a restaurant and, on 11 November 2009, Baku's Sabail district court sentenced them to 2 and 2,5 years of imprisonment respectively, on charge of hooliganism.

Germany: Filtering by keywords is not an obligation for a hosting company

28 July, 2010
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This article is also available in:
Deutsch: Deutschland: Hosting-Unternehmen müssen keine Wortfilter einsetzen


The Higher Regional Court of Düsseldorf decided on 21 July 2010 that RapidShare, as a hosting company, is not guilty of copyright infringement.

RapidShare has faced several cases in court for copyright infringement and in December 2009 lost a case in a local German court to Capelight Pictures movie studio which accused the site of not having taken all reasonable measures to counter the illegal distribution of one of its films.

However, after RapidShare appealed the decision, the Higher Regional Court of Düsseldorf overturned the 2009 decision.

Increased pressure on Turkey to stop Internet blocking

30 June, 2010
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This article is also available in:
Deutsch: Netzsperren: Zunehmender Druck auf die Türkei


As Turkey continues its ban on Google's YouTube and other services, it attracts more and more criticism. After Turkey's President Abdullah Gul himself has taken position against its own government in this matter, it is now OSCE turn to react.

On 22 June 2010, Dunja Mijatovic, the OSCE Representative on Freedom of the Media, asked the Turkish authorities to restore access to Google's YouTube and other services and change the much-criticized Law No. 5651 (so-called Internet Law) in order to be in line with international standards on free expression.

Asociación de Internautas goes to EC against court decision

21 April, 2010
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This article is also available in:
Deutsch: Asociación de Internautas wendet sich wegen Gerichtsurteil an Europä...


Asociación de Internautas (the Spanish Association of Internet Users - AI) has recently denounced to the European Commission (EC) the Spanish Supreme Court decision in the case introduced by SGAE (the General Society of Authors and Editors) in March 2004.

In its ruling at the end of December 2009, the Supreme Court decided against AI and later on ordered the association to remove the website "putasgae.org" and pay SGAE damages for user generated content that insulted SGAE and other persons and entities.

The association considers that the sentence has ignored the Spanish as well a

Spain: NGO fined by the Supreme Court for hosting offensive contents

13 January, 2010
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This article is also available in:
Deutsch: Spanien: Oberster Gerichtshof verurteilt NGO wegen des Hostens offensi...


At the end of December 2009, the Spanish Supreme Court confirmed its ruling in making Asociación de Internautas (Internet Users Association - AI) pay a 18 000 Euro fine to SGAE (the General Society of Authors and Editors) for having hosted sites such as putasgae.org and antisgae.internaturas.org which included offences to SGAE.

The case was introduced by SGAE in March 2004 which stated that the website of AI was hosting webpages with the addresses mentioned above, which contained expressions like "hired gun", "mob gang", "fucking pickpockets".

On 6 February 2006, the

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