Publication details

Unfair competition, copyright law and safe harbour



Year of publication 2021
Type Workshop
MU Faculty or unit

Faculty of Law

Description On 31. 8. 2021 the Czech Supreme Court issued its groundbreaking ruling dealing with liability of operators of hosting services. Unfair competition should provide protection even in the cases where copyright is not actually infringed - it is sufficient that the plaintiff or its members are profiting from someone else's work, regardless of any real harm to the plaintiff or its members (Czech national group of the International Federation of Phonographic Industry). The national safe harbour rules shall not apply. Whereas the rightholders laudated this opinion, it raises serious questions as to the (non-) applicability of the safe harbour rules and was even dubbed as “unfair competition on steroids” and deemed as ripe for preliminary reference to the CJEU. After the initial comments and discussion all participants were invited to further discuss this judicial development and to also reflect on the broader impact thereof.
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