Wednesday, 21 May 2014

Towards a Web 3.0? The impact of the Google Spain judgment on social networks and Wikipedia

EU Law Analysis: Towards a Web 3.0? The impact of the Google Spain judgment on social networks and Wikipedia: "Is there good reason for Mark Zuckerberg's own knickers to be in a twist, following the Google Spain judgment? The CJEU does suggest that the territorial scope of the Directive is relatively broad, and as such is more likely to apply to social networks and other well-known Internet services than might otherwise have been thought. But it is not yet certain whether and when the Directive does apply to entities whose situation differs from Google’s. Equally the judgment confirms that the material scope of the Directive is broad, and it seems clear enough that its personal scope is broad too.

 However, the judgment is unlikely to lead to a ‘Web 3.0’ as regards Internet services besides search engines, because there are basic differences in the substantive data protection law of the EU as it applies to the bodies offering such services. These differences concern in particular: the very nature of user-generated content (arguably changing who is the ‘data controller’); the existence of privacy or editing policies; the public figure exception; the possible application of different, additional grounds for processing personal data; and the Google Spain judgment itself – since it provides for an alternative, more effective means of blocking access to the personal data concerned." 'via Blog this'

Thursday, 1 May 2014

Cisco Systems & Messagenet SpA v EC, Paragraph 81

CURIA - Documents: 11 December 2013: Case T‑79/12

"In contrast to the applicant’s unsubstantiated assertions, the Commission put forward in the contested decision specific items of information indicating the existence of such a multi-homing phenomenon. The Commission did not only refer to such coexistence between WLM and Skype before the concentration. The report cited in footnote 52 of the contested decision mentions several other examples of multi‑homing involving Skype and alternative providers such as Yahoo!, AIM and Gmail. In addition, recital 93 of the contested decision, whose content the applicants do not contest, refers to the recent arrival of competitors such as Facebook, Viber, Fring and Tango, which tends to show that network effects do not, in any event, impede market access." 'via Blog this'

EU General Court dismisses complaints about Microsoft's takeover of Skype

EU court dismisses complaints about sanctioning of Microsoft's takeover of Skype: "In its ruling the General Court said that the Commission was right to consider that there is a faster growing market for smartphones and tablets than there is for PCs and that the WLM had a "weak presence" on those non-PC platforms. It said the merged entity "faces strong competition" in the consumer video communications market as a whole from companies such as Apple and Google.
The General Court also upheld the Commission's view that Facebook would also be an "effective competitor" to Microsoft post its takeover of Skype. It also said that there are no "technical or economic constraints" preventing users of Skype or WLM from switching to other services should Microsoft decide to start charging for those services or stop innovating on communication services." 'via Blog this'