Important Judgments Aug-Sept 2010

Downloads are not performances, rules US court

A music download is not a performance of a work and therefore does not demand an additional licence and fee, a US court has ruled. A stream of a file is a performance, though, the court said.

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Argentine court overturns ruling on search engines’ liability for links

An appeals court in Argentina has ruled that search engines are not responsible for the content of sites that they index. The court overturned a lower court’s ruling against Google and Yahoo! Argentina.

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Swiss court rules IP address-tracing software breached data protection law

The Swiss Federal Court has ruled that software which identified the internet protocol (IP) address of unauthorised music uploaders broke data protection law.

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Spanish court clears YouTube of copyright liability for uploaded videos

YouTube is not liable for copyright infringement because users have uploaded video material from Spanish television station Telecino, a Madrid court has ruled. YouTube is not obliged to monitor all content and weed out infringement, the court said.

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French court orders ISPs to block gambling site

A French court has told internet service providers (ISPs) to block access to a gambling site that is operated out of Gibraltar and does not have a licence to operate in France, according to news agency Agence France Presse (AFP).

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Headlines are not copyright-protected, rules Australian court

Headlines cannot be copyrighted because they are too insubstantial, short and trivial to qualify for copyright protection, an Australian court has ruled.

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