|Awww ... Two new copyright cases |
to think (and dream) about
The first reference is from Austria and concerns jurisdiction in online infringement cases. Case C-441/13 PEZ EJDUK is in fact all about interpretation of Article 5(3) of the Brussels I Regulation and what "where the place where the harmful event occurred or may occur" may possibly mean in the context of websites which host allegedly infringing materials (a photograph in this case).
The question awaiting an answer is the following:
- in the Member State in which the alleged infringer is established; and
- in the Member State(s) to which the website, according to its content, is directed?' [also known as 'intention to target', on which see - among other things - the recent Opinion of Advocate General Jääskinen in Case C-170/12 Pinckney (here, here, here)]