Kontent i Pravo v. Masterhost Presidium of the Supreme Arbitration Court of the Russian Federation, Judgment of 23 December 2008, Nr. 10962/08 Translation and Comment

This Judgment by the Presidium of the Supreme Arbitration Court of the Russian Federation can be considered as a landmark ruling for Internet Service Provider’s (ISP) liability. The Court stipulates for the first time concise principles under which circumstances an ISP shall be exempt from liability for transmitting copyright infringing content. But due to the legislation on ISP liability in the Russian Federation it depends on the type of information which rules of liability apply to ISP. As far as a violation of intellectual property rights is claimed, the principles given now by the Supreme Arbitration Court are applicable, which basically follow the liability limitations of the so called EU E-Commerce Directive. But, furthermore, preventive measures that are provided in service provider contracts to suppress a violation through the use of services should be taken into account as well. On the other hand, as far as other information is concerned the limitations of the respective Information Law might be applicable which stipulates different liability requirements. This article gives a translation of the Supreme Arbitration Court’s decision as well as a comment on its key rulings with respect to the legal framework and on possible consequences for practice.

Accessible e-learning

People with disabilities often encounter difficulties while trying to learn something, because teaching material is for example not accessible to blind people or rooms, where courses take place, are not accessible to people using a wheelchair. E-learning provides an opportunity to disabled people. With the new German law on the equalisation of opportunities for people with disabilities for the first time access to information technology was explicitly taken up in German legislation. As a consequence of this law the framework law on universities (Hochschulrahmengesetz) was changed. The law now commit universities not to discriminate disabled students in their studies. For references on how universities can design accessible e-learning contents and provide accessible information online see http://wob11.de/links/anleitungen.html#elearning.