Archives for September 13, 2018

Top German court delays YouTube illegal uploads case to seek EU opinion

KARLSRUHE, Germany (Reuters) – Germany’s highest court has postponed a decision on whether YouTube is liable for violations of intellectual property rights on its video platform in order to seek the opinion of European Union judges, a process expected to take one to two years.

Silhouettes of mobile device users are seen next to a screen projection of Youtube logo in this picture illustration taken March 28, 2018. REUTERS/Dado Ruvic/Illustration

The lawsuit, which concerns illegally uploaded songs by the British singer Sarah Brightman, was brought by a music producer who has been quarrelling with Google’s YouTube since 2008, seeking compensation not only from the uploader but also from the platform itself.

A German court in Hamburg ruled in 2015 that YouTube must make sure the rights violations resulting from illegal uploads are being stopped, but the judges did not order YouTube to pay the producer any financial compensation.

Germany’s highest court, the Federal Court of Justice (BGH), found on Thursday the interpretation of European law, over which the European Court of Justice (ECJ) in Luxembourg has sole legal authority, was central to the case.

As a result, it said it was referring the case to the ECJ for its legal opinion.

In their preliminary request, the German judges asked the ECJ whether the fact that an internet platform operator makes content available that is protected by intellectual property rights, and that users publish on the platform without the owner’s consent, comprises a “communication to the public” that is forbidden under EU law.

The EU’s highest court will now make a general assessment of the role that internet platforms play in intellectual property rights violations, a decision that it likely to determine the outcome of the case.

Reporting by Ursula Knapp; Writing by Tassilo Hummel; Editing by Mark Potter

Walmart teams up with Instacart for same-day delivery in Canada

(Reuters) – Walmart Inc said on Thursday it has teamed up with U.S. home delivery company Instacart to bring some Canadian customers same-day grocery deliveries, raising the stakes in the country’s hotly contested retail space.

FILE PHOTO: A Walmart store is seen in Encinitas, California April 13, 2016. REUTERS/Mike Blake/File Photo

Walmart’s Canada unit said the service, which is part of a pilot program with Instacart, will be available in the Greater Toronto Area from Sept. 13, while customers in Winnipeg can start availing the service later this month.

Like in the United States, retailers in Canada have been facing stiff competition from Amazon.com Inc, pushing a lot of them to invest in online sales and home delivery.

Last November, Canadian grocery and pharmacy chain Loblaw Cos Ltd teamed up with Instacart to offer home delivery service in Toronto and Vancouver. Startup Instacart counts Whole Foods, Costco, Target and more than 100 other retailers as customers for grocery deliveries, and charges a delivery fee for its service.

Reporting by Laharee Chatterjee in Bengaluru; Editing by Shounak Dasgupta