CJEU Grants “Causal Event” Jurisdiction for Online Copyright Infringement
Cruz Villalón, Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”), delivered his Opinion in Pez Hejduk v. EnergieAgentur.NRW GmbH, which dealt with the interpretation of Art. 5(3) of the Brussels I Regulation and the question of jurisdiction over copyright infringements. In that case, Hejduk, an Austrian photographer, sued a German corporation for unauthorized publication of her photographs online. The German defendant contested jurisdiction, arguing that the case should have been brought before a German court. It pointed out that its place of establishment was in Germany and that its website used “.de” domain. Villalón discussed recent cases such as eDate (victim’s “centre of interests” approach) and Pinckney (localization of damage), and proposed to confer jurisdiction to the courts of the state in which the “causal event” occurred. Making content available online may cause damage in those states in which copyright is protected, but given the general/special jurisdiction dichotomy under the Brussels I Regulation (Arts. 2 and 5(3)), it remains for the Court to clarify whether ‘causal event’ jurisdiction is not too narrow for online copyright infringement cases under Art. 5(3).
Creators of the Blue-LED Technology Receive Nobel Prize
On October 7th, 2014, the Royal Swedish Academy of Sciences announced its decision to award the Nobel Prize in Physics to three Japanese scientists for inventing energy-saving LED lights, which “triggered a fundamental transformation of lighting technology.” One of the inventors, Shuji Nakamura, had sued his former employer, Nichia Corporation, four years ago after Nichia gave him an award of $200 for his invention. The meager compensation reflected the long-held notion in Japanese culture that employees should sacrifice for their companies. Nakamura’s battle with Nichia and settlement for $8 million was an important turning point for strengthening employees’ rights as well as for motivating workers to design innovative products.
California Enacts Open Access Legislation
California has become one of the first jurisdictions to enact Taxpayer Access to Publicly Funded Research Act on September 29, 2014. Prior to enactment, state agencies and departments were only required to share the results of research conducted by state employees. The new law further requires the recipient of state funding to provide public access to any publication, invention or technology on a government-approved and freely accessible database.