Tuesday, July 21, 2009
European Court of Justice on "temporary and transient reproductions"
From C-5/08, Infopaq International A/S v Danske Dagblades Forening, 16 July 2009: " In the light of the foregoing, the Court finds that an act can be held to be ‘transient’ within the meaning of the second condition laid down in Article 5(1) of Directive 2001/29 only if its duration is limited to what is necessary for the proper completion of the technological process in question, it being understood that that process must be automated so that it deletes that act automatically, without human intervention, once its function of enabling the completion of such a process has come to an end".
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