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“El TORO LOCO”: when a Monster truck show amounts to both trade mark and copyright infringement

The IPKat

Copyright and design rights are often invoked in parallel, particularly in relation to works of applied art [ e.g. IPKat here ]. This time, this Kat has found a recent decision issued by the Tribunal Judiciaire of Paris in a dispute concerning both copyright and trade mark infringement. Feld Motor Sports Inc.

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How far one must go to obtain a website blocking order

The IPKat

8(3) of Directive 2001/29/EC against internet service providers (ISPs) are compatible with EU law, various courts in current (and former) EU Member States granted such orders, e.g. in Austria , Greece and the UK [ here and here ]. The identity of the operators of ‘LibGen’ and ‘Sci-Hub’ was unclear.

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LimeWire to Return to Sell NFTs

Plagiarism Today

Initially released in May 2000, Limewire was a peer-to-peer file sharing service that found a great deal of success and infamy following the closure of Napster in July 2001. The move marks just the latest shift in the NFT space that should give creators and copyright holders pause for concern. A Tainted History.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

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Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements. The resulting conclusion in the BGH case law (e.g.,

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

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Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

Kluwer Copyright Blog

The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyright infringements by its users as long as it was not put on notice of the infringements (17. Puls 4 had argued that YouTube was responsible for copyright infringement by its users. 2021, 4 Ob 132/21x ).