Diverse Readings of the Court of Justice Judgments on Copyright Work

EU law’s impact on the meaning of the copyright work for a long time seemed limited to software and databases. But recent judgments of the CJEU (Infopaq, BSA, FootballAssociation [Murphy], Painer) suggest we have entered an era of harmonization of copyright subject-matter, after decades of focus on the scope of exclusive rights and their duration. Unlike before however, it is the Court and not the legislator that takes centre stage in shaping pivotal concepts. This article reviews the different readings and criticisms the recent case law on copyright works evokes in legal doctrine across the EU. It puts them in the wider perspective of the on-goingdevelopment towards uniform law and the role of the preliminary reference procedure in that process.

Attributions of Responsibility for Terrorist Attacks: The Role of Group Membership and Identification

Three studies examine how people’s attributions of responsibility for terrorist attacks depend on their group membership and their identification with the victim (study 1) or their identification with the victim’s or perpetrator’s ingroup (studies 2 and 3). We observe that people’s group membership (perpetrator group versus victim group) determines the judgments of responsibility for recent terrorist attacks. Members of the perpetrator group hold the direct perpetrators responsible, while members of the victim group perceive the perpetrator world as a whole as relatively responsible as well. Identification with the victim (study 1) or victim group (studies 2 and 3) strengthens attributions of responsibility to the whole perpetrator group, and this relationship is partially mediated by the perceived typicality of the perpetrator for the whole group. We discuss possible explanations for this pattern, and indicate the implications of these results in terms of improving intergroup relations.

Internet Service Providers Liability in Spain

The article focuses on the current situation of Spanish case law on ISP liability. It starts by presenting the more salient peculiarities of the Spanish transposition of the safe harbours laid down in the E-Commerce Directive. These peculiarities relate to the knowledge requirement of the hosting safe harbour, and to the safe harbour for information location tools. The article then provides an overview of the cases decided so far with regard to each of the safe harbours. Very few cases have dealt with the mere conduit and the caching safe harbours, though the latter was discussed in an interesting case involving Google’s cache. Most cases relate to hosting and linking safe harbours. With regard to hosting, the article focuses particularly on the two judgments handed down by the Supreme Court that hold an open interpretation of actual knowledge, an issue where courts had so far been split. Cases involving the linking safe harbour have mainly dealt with websites offering P2P download links. Accordingly, the article explores the legal actions brought against these sites, which for the moment have been unsuccessful. The new legislative initiative to fight against digital piracy – the Sustainable Economy Bill – is also analyzed. After the conclusion, the article provides an Annex listing the cases that have dealt with ISP liability in Spain since the safe harbours scheme was transposed into Spanish law.