(1) The case was brought by Ami Savir against the owner of the website court.org.il and Google. Mr. Savir, an Israeli attorney was mischaracterized as having committed five acts of unethical attorney behavior when in fact he only represented the Israel Bar Association in disciplinary proceedings related to the liable attorney. Due to tags added to an original blog post from court.org.il, Google's search algorithm made it appear as if Mr. Savir, rather than the party he repesented, was the attorney who was convicted. (2) The court reversed a magistrate’s preliminary opinion, holding court.org.il liable but not Google, and held that Google must remove search results that are clearly defamatory in nature. See also Columbia GFE
(1) Several content providers sued ISPs to block access to the websites allowing users to download a streaming software called “Popcorn” which allows users to stream video content off the internet by connecting users to allegedly copyrighted content through other sites. The content providers also requested the details of users making use of Popcorn. (2) The court mentioned the UK case about the use of Popcorn software, Twentieth Century Fox Corp. v. Sky UK Ltd., 2015 EWHC 1082 (Ch). However, the Court relied on the Israeli Supreme Court Ruling in 4447/07 Rami Mor vs. Barak ITC (1994) Bezeq international, with regard to revealing the indemnity of users of ISP. The Judge ruled that at this stage when the infringement was not proved, and it was not proved that the defendant was liable or has caused damages to plaintiffs...
(1) This case involves unauthorized streaming and download of music recordings through the website Unidown. Five Israeli music record companies sued the owners of the website Unidown and several ISPs claiming that the website enables users to listen and download music recording copyrighted by them without authorization. The Website claimed that it merely functions as a “search engine” allowing users to listen to music recordings through youtube. (2) The District Court found that Unidown should be viewed as an infringing platform which enables the unauthorized download of copyrighted works in disguise of a “search engine”. The Judge claimed the problem is not with the technology but with the use been made of it. The court found with regard to the download function of Unidown, that the website enabled users through other...
In early April 2014, Charlton Ltd. filed a lawsuit in the Tel-Aviv district court against three major Israeli ISPs. Charlton is arguing that the ISPs have contributory liability with regard to streaming of sports events in which Charlton has copyrights. Charlton argues that the ISPs have the ability to easily monitor and prevent the infringement but choose not to act in that regard. Charlton is asking the court to instruct the ISPs to take down dozens of websites and reveal the identities of many users.
This case involves unauthorized streaming of live soccer games of the English Premier League. The Supreme Court suggests in dicta several possibilities to further establish Contributory Liability with regard to ISPs. Since no arguments were raised regarding Contributory Liability in this case, the discussion is merely illustrative. In this case the English Premier League requested that an ISP reveal the name of the person who infringed on its copyright. Justice Neal Hendel argued that direct liability against ISPs could be established through the duty of care found under Negligence, but Justice Hanan Melcer argued that Contributory Liability with regard to ISPs should be based on unjust enrichment. The Court concluded that since the argument of Contributory Liability was not raised in this case, no decision will be...
Influenced by the Supreme Court’s decision Hebrew University vs. Schocken, the district court in Tel-Aviv. The case involved a website which posted Links to copyrighted works which were posted without authorization. The Court examined the liability of the website for posting only the links and not the actual infringing works. The Court ruled that website could not be held directly liable for posting links to infringing works, as the posting of the links are not infringing on their own, therefore, there is no direct liability. The Court takes into consideration the recent Supreme Court decision Hebrew University vs. Schocken, and rules that in order to establish the element of actual knowledge of the infringement for Contributory Liability, there should be a notice and take down procedure. If intermediary operate a...