Last week the Internet achieved a small, but nevertheless important, victory in Luxembourg. Hyperlinking should be kept from the scope of copyright protection as far as possible — that was the key message in the opinion of Advocate General (AG) Wathelet in the GS Media case which is currently pending in front of the Court of Justice of the EU (CJEU). We previously covered this case in detail.
Regular DisCo readers will of course know that this is not the first time Europe’s highest court is asked to pronounce on the relationship between copyright rules and hyperlinking. In the often cited Svensson case, the CJEU established that no copyright license is required for linking to an article that was posted with the authorization of the rights owner. In the end, common sense prevailed rescuing one of the Internet’s building blocks. MORE »