On 9 May 2016, about one and half months after the
Düsseldorf Regional Court's judgments in SLC v Vodafone
(docket numbers 4a O 73/14 and 4a O 126/14, see above), the
Düsseldorf Court of Appeal denied Vodafone and HTC's
request for a preliminary stay of enforcement of the respective
judgments. The Court of Appeal ruled (without rendering a final
adjudication) that the Regional Court's judgments are not
evidently and apparently wrong. Therefore, the Court of Appeal did
not see a reason for a preliminary stay of enforcement and held
that a final adjudication will be conducted in the ordinary course
of proceedings. The Court of Appeal, however, made an interesting
remark concerning the provision of a counter-offer by the defendant
already at this stage. According to this remark it appears possible
that the defendant will be given the possibility to provide a
counter-offer still in the on-going court proceedings.
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On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
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