3 Count: On Appeal

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1: Google Belgian Copyright Appeal May Decide Search Engines’ Fate in Europe

First off today Google is appealing a decision in Belgium in a case that could drastically change the way the search engine (and others like it) operate in Europe. The case found that Google News violated copyright law by linking to and posting short snippets from articles out of French and German language newspapers in Belgium as, according to the court, there were no fair use provisions for such a use. Google, which lost in the lower court, removed the newspapers involved but the papers came back and demanded 49.1 million euros for the time their content was available. The case could, potentially, end up before Europe’s highest court, thus creating a precedent that may have implications across the continent.

2: Ivi.tv’s Video Service Ordered Shut Down

Next up today, Ivi.tv, a video streaming service that allowed visitors to stream television content from various markets over the Web, has been ordered to shut down. The company claimed to have found a loophole in the law that allowed it to rebroadcast TV stations, claiming to be a cable system under copyright law. However, since Ivi.tv said that it didn’t qualify as such a service under the Communication’s Act, the judge ruled that it was not such a provider at all and ordered it to close its doors. Ivi.tv has said that it plans to appeal.

3: BREIN Seizes Warez Servers, Owners Seize Them Back, May Sue

Finally today, the Dutch anti-piracy group BREIN has suffered a setback in its case against the piracy topsite Swan. In January the group had seized the groups servers, however, the process was done without judicial oversight and now owners of the server has seized it back and contemplating a lawsuit against BREIN claiming the seizure to be unlawful. At least two members of the Dutch Parliament are also asking about the seizure, expressing concern that BREIN gained access to servers that had personal and business data on them without any kind of warrant.


That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

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