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.
EU consults on copyright landscape in the age of generative AI
The European Commission has launched a new “targeted” consultation on EU copyright laws, which is intended to support its review of the 2019 Directive on copyright in the Digital Single Market (DSM Directive) and to inform potential changes to the EU’s copyright framework, including in the context of generative AI (GenAI).
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.
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