tag:blogger.com,1999:blog-5574479.post3246479861755899568..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: BREAKING: AG Szpunar advises CJEU to rule that The Pirate Bay makes acts of communication to the publicVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-5574479.post-11554943030204208822017-02-11T13:23:20.791+00:002017-02-11T13:23:20.791+00:00You might as well close down the World Wide Web, a...You might as well close down the World Wide Web, as that vehicle shares the exact same "essentialness" that is under attack.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-66854689861580252652017-02-10T22:35:29.178+00:002017-02-10T22:35:29.178+00:00Mirko, I agree on "central role". But th...Mirko, I agree on "central role". But the reasoning seemed to go a bit farther than that, to give a special role to a single player. Anyway, I think we clarified the respective positions. :)Federicohttps://www.blogger.com/profile/01590082705421602977noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-56682379904510757772017-02-10T14:45:55.559+00:002017-02-10T14:45:55.559+00:00@Frederico. Yes, such technology exists. But what ...@Frederico. Yes, such technology exists. But what is the user base of Tribler compared to clients like Mainline? And Tribler search does nothing for Mainline users. All the others on the Wikipedia list use centralized, web-based search...so I think it is fair to say that today, sites like TPB play a central role in the discovery of torrents.Mirko Brüßhttp://www.raschlegal.denoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-42289092008298413732017-02-09T15:27:45.422+00:002017-02-09T15:27:45.422+00:00Mirko Brüß, I've got the point, thanks. But I&...Mirko Brüß, I've got the point, thanks. But I'm saying it's plain wrong: you probably missed some recent technological developments which popularised what has been possible for many years already. See for instance https://en.wikipedia.org/wiki/Tribler and https://www.tribler.org/ to get a quick update. https://en.wikipedia.org/wiki/Comparison_of_BitTorrent_clients#Features_II lists several other clients which include a search engine (not always decentralised).<br /><br />Federicohttps://www.blogger.com/profile/01590082705421602977noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-54103001018299539252017-02-09T14:57:33.942+00:002017-02-09T14:57:33.942+00:00@Frederico: you said: "it's not quite t...@Frederico: you said: "it's not quite true that torrent trackers like TPB are essential for torrenting"<br /><br />This is missing the point. TPB has stopped operating a torrent tracker years ago. Yes, there is DHT to do what a tracker does, but finding the content you are looking for is usually done on a site like TPB, just like the AG said. DHT won't do that for a user. Mirko Brüßhttp://www.raschlegal.denoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-81405570819341002482017-02-08T22:55:36.175+00:002017-02-08T22:55:36.175+00:00@Brieuc: you're right - thanks!@Brieuc: you're right - thanks!Eleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-818700951594986992017-02-08T18:46:38.364+00:002017-02-08T18:46:38.364+00:00Good evening, thank you for the great article, onc...Good evening, thank you for the great article, once again, what's more on the very day of the release ! It might prove really interesting for me to analyse it in my LLM dissertation this year, regarding the right of communication to the public.<br /><br />No need to publish my comment, but I think there is a small typo in the "new public" paragraph. I thought you would like to know. Indeed, I think the 'new public' criterion only comes into consideration when the technical means are the same, not when they are different (para 42 of the Opinion ; see ITV Broadcastin v TVCatchup). <br /><br />I hope I don't sound critical or mean, I just love the blog and your articles. Have a nice evening.<br /><br />Brieuc<br /><br />Brieuc Geuzaine Student QMULnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-39898717406553332312017-02-08T16:51:03.979+00:002017-02-08T16:51:03.979+00:00Very interesting. There is one problem though: it&...Very interesting. There is one problem though: it's not quite true that torrent trackers like TPB are essential for torrenting, not in the current technological landscape. There are user-friendly solutions which only rely on DHT search (much like the Kad search in eMule), which uses a distributed index.<br /><br />Also, if indexing a torrent is an act of communication to the public, is there really no difference between the person or website which first publishes a file on BitTorrent and advertises it online, and the person or website which hosts a mere mention of that file (like a magnet link, or the torrent file)?<br /><br />«So it is not even necessary to look for a particular work, it is sufficient to choose from those on offer, as in the catalogue of a library» is a good comparison. But then, torrent trackers should be recognised as private libraries and benefit from the same privileges (within some limits). It's more likely to win such an argument with a specialised private tracker like Bibliotik.Federicohttps://www.blogger.com/profile/01590082705421602977noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-83135040739015230352017-02-08T15:13:50.325+00:002017-02-08T15:13:50.325+00:00Hasn't he simply introduced secondary liabilit...Hasn't he simply introduced secondary liability with that knowledge test? Does he understand that it will be unevenly applied anyway as it will be put to proof?. Is he not aware that simply focusing on Pirate Bay is not the way to resolve a question with wider consequences.. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-5580080451912972632017-02-08T15:07:29.906+00:002017-02-08T15:07:29.906+00:00How can he hope to avoid "divergent" app...How can he hope to avoid "divergent" approaches across the EU with a knowledge test. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-32646100029674422942017-02-08T15:07:08.814+00:002017-02-08T15:07:08.814+00:00Highly problematic with the classic Article 3 Cour...<br />Highly problematic with the classic Article 3 Court flaws. After a promising start-an arrogant overreaching one but he wasn't holding the pen as the original language is French and his French is mighty poor. He has now gone native and the referendaire got ahead of his or herself. I guess he got bored with not being followed with a more reasonable approach. Egeda etc. This is the worst he has produced <br /><br />There is simply no hope for this area of law before the CJEU. It can be consigned to the dustbin where the SPC Regulation lives.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-46143442856423899892017-02-08T14:20:22.043+00:002017-02-08T14:20:22.043+00:00Usually there is a gap of 5-6 months between the r...Usually there is a gap of 5-6 months between the release of the AG Opinion and the actual judgment.Eleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-87911318652705251242017-02-08T13:33:51.129+00:002017-02-08T13:33:51.129+00:00Thank you for the breaking news!
Does anyone have...Thank you for the breaking news!<br /><br />Does anyone have an idea when the CJEU will give a decision on Filmspeler and TPB pending cases? <br /><br />I checked on www.curia.eu's calendar but I have not found any relevant date.<br /><br />Thank you!<br />FiatLuxnoreply@blogger.com