Richard Barker
United Kingdom
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CJEU confirms no communication to the public where effective geo-blocking used
The CJEU has confirmed, in Anne Frank Fonds (Case C-788/24), that there will be no communication to the public, for copyright purposes, where effective website geo-blocking is used to restrict access to copyright works in those countries where the works are protected. This is so even if users can circumvent the geo-blocking measures using a virtual private network (VPN) or similar service.
Unpacked: Patents Court determines FRAND terms for Samsung-ZTE global cross-licence
The English Patents Court has determined the terms of a global FRAND (Fair, Reasonable And Non-Discriminatory) cross-licence between Samsung and ZTE, landing on a FRAND lump sum balancing payment from Samsung (as net payer) to ZTE of $392m. Whilst the English courts have determined the terms of global FRAND licences three times previously (see our earlier commentary here, here and here), this is the first time that they have determined the terms of a FRAND cross-licence.
Are the winds changing on the AI and copyright debate?
As readers of this blog will be aware, the rapid development of AI over the last few years has given rise to a number of significant debates on copyright. None more so than how best to balance the rights of AI developers and copyright owners when training generative AI. Whilst this remains a fluid debate, with no clear policy direction yet emerging – at least in the UK – two recent reports have indicated that the winds may be shifting within the UK and the EU in favour of rights holders.
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