The Genesis of Linking Limitation on the Internet
2021-11-15
On 15 November 2021, we are publishing online speech entitled „The Genesis of Linking Limitation on the Internet” what is organizing under the Central European Professors’ Network 2021, in cooperation with the Ferenc Madl Institute of Comparative Law, the European Association for Comparative Law and the Institute of Justice in Warsaw.
The online speech is organizing as a dissemination event of Bartłomiej Oręziak, the member of the research group titled “The Impact of Digital Platforms and Social Media on Freedom of Expression and Pluralism.
The main aim of this event is to show the genesis of linking limitation on the Internet what was born in the Court of Justice of the European Union – its principles, problems and implications. The general speech background is a Judgment of 8 September 2016 in case C-160/15 in the proceedings GS Media BV v Sanoma Media Netherlands BV, Playboy Enterprises International Inc., Britt Gertruida Dekker. From this, one can find out what are the principles and factors determining the limitation of publishing content on the Internet due to copyright. It is about the principle of two premises and the principle of individual assessment.
Other judgments signaled in online speech: Judgment of 26 April 2017 in case C-527/15 in the proceedings Stichting Brein v Jack Frederik Wulllems, also trading under the name Filmspeler; Judgment of 14 June 2017 in case C‑610/15 in the proceedings Stichting Brein v Ziggo BV, XS4ALL Internet BV.
This is of great importance, because in the GS Media case the Court of Justice of the European Union for the first time decided to introduce clear restrictions of placing hyperlinks. This is important because one of the next judgments of CJEU using this approach presents the theses doubtful from the point of view of freedom of expression. This is about the judgment of 7 August 2018 in Case C-161/17 in the Proceedings Land Nordrhein-Westfalen v Dirk Renckhoff (which is the main area of one of the articles under the Central European Professors’ Network 2021- article will be published). GS Media case is the beginning.
