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Fan pays, fan demands

Fan pays, fan demands – this could be a short summary of the most recent decision-making tendencies of the Finnish Consumer Protection Office (Kilpailu- ja kuluttajavirasto KKV). KKV deemed it admissible to demand the return of money for a concert if the quality of the performance was significantly lower than the expected standards. Helsinki, October [...]
Journalistic provocation before the European Court of Human Rights

Journalistic provocation – in spite of being ethically and legally controversial – frequently constitutes the only method to make irregularities known and to shed light on socially significant matters. No legal definition and no regulations in this scope cause numerous problems in the legal assessment of journalistic provocation. However, some interpretative guidelines can be found [...]
Removing internet comments under consideration by the European Court of Human Rights

The Grand Chamber of the European Court of Human Rights in Strasbourg ruled the liability of websites for the content of comments posted thereon by readers is in compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and does not violate Article 10 thereof (regarding the freedom of expression). Article [...]
In the depths of gambling: is every game a game of chance?

The court in Szczecin has recently issued a judgment in the broadly publicized case of poker players. In 2011, a group of acquaintances met in a rented restaurant to play an informal poker tournament in order to celebrate the organizer’s birthday. The participants were detained by the Central Bureau of Investigation – under the Polish [...]
Are three months one year? Intervention by the President of the Office of Competition and Consumer Protection in the case of free software

The publisher of PC Format may have misled consumers as to the rules regarding the use of anti-virus software distributed with its magazine. The President of the Office of Competition and Consumer Protection (UOKiK) reached this conclusion in decision no. RWA-3/2015 of June 19, 2015. The proceedings against Wydawnictwo Bauer – the publisher of PC [...]
The President of the Republic of Poland has signed a “small” amendment to the Copyright Act that increases the rights of performers

On July 2, 2015, the President of the Republic of Poland signed a “small” amendment to the Copyright Act. It is one of the three amendments to the Copyright Act – together with a “big” amendment and amendment regarding the rights of broadcasters in the scope of re-broadcasting its own productions – which has recently [...]
Communication with the Office of Competition and Consumer Protection prior to and during the proceedings

In order to meet the expectations of the market and to fully implement the elementary rules of administrative procedure, the Office of Competition and Consumer Protection (“UOKiK”) has provided a number of facilities for entrepreneurs who are or will be a party to proceedings before the President of UOKiK in the scope of communication with [...]
Can athlete-entrepreneurs finally breathe a sigh of relief after the decision of the Supreme Administrative Court? And what about authors and artists?

The Supreme Administrative Court (“SAC”), in an extended panel of seven judges, ruled in favor of athletes conducting business activity. It seems that this multi-year dispute with tax authorities regarding the possibility of declaring income generated by athletes (and, perhaps, also by other professional, especially in art-related areas) in non-agricultural business activity has finally come [...]
The pros and cons of innovation in programs financed by the EU

In recent years, innovation has become one of the most commonly used terms determining the strategic direction of EU policies and Polish development strategy. What’s particularly important, in perspective of the 2007 – 2013 budget (especially in the case of Operational Program Innovative Economy) innovation has also become, at least formally, one of the main [...]
Crowdfunding – Let’s build it together!

Have an idea, but no funds to realize it? Not a problem, crowdfunding comes to the rescue! The idea is simple – a virtual society provides funding to a project initiator, and such initiator in exchange (depending on the type of crowdfunding in question) offers appropriate benefits to backers (tickets, meetings, gadgets) or grants shares [...]
Triple the amount of respective remuneration is unconstitutional!

The Constitutional Tribunal has determined that triple the amount of respective remuneration in the case of culpable infringement of copyright is unconstitutional (file no. SK 32/13). This right was provided for in Article 79(1)(3)(b) of the Copyright and Related Rights Act and allows demanding the payment of triple the amount of respective remuneration for illegal, [...]
Can tea have the flavor of vanilla? – The Court of Justice of the EU examines

An average, adequately informed and sufficiently careful and reasonable consumer may find it sometimes quite difficult to tell what exactly it is that he/she puts in his/her shopping basket. The situation is no different in the case of a “fruit” tea named “Felix – raspberry and vanilla adventure”, made by the Teekanne company, whose packaging is [...]
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