Wheat v Google LLC [2020] EWHC 27 (Ch) (15 January 2020)

Wheat v Google LLC [2020] EWHC 27 (Ch) (15 January 2020)

Mr Wheat's claim does not raise a serious issue to be tried because Google's actions did not constitute communication to a new public; the images were freely available and consented to be indexed. Hotlinking is lawful and performed by third parties. No copyright infringement occurred under UK law or CJEU...

Source-derived case information.

Citation
[2020] EWHC 27 (Ch)
Parties
Claimant/appellant: Christopher Wheat; Defendant/respondent: Google LLC
Jurisdiction
England and Wales
Judgment Date
15 January 2020
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Serve Out of Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Service Out of Jurisdiction, Communication to the Public, Hotlinking, Jurisdictional Gateways
Intellectual Property Civil Procedure Copyright Infringement Service Out of Jurisdiction Communication to the Public Hotlinking Jurisdictional Gateways

Source-derived case record

Summary, issues, holding and outcome

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Parties

Christopher Wheat

Claimant/appellant

Google LLC

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether Google infringed Mr Wheat's UK copyright by facilitating access to his images via hotlinking websites
  2. 2 Whether the claim falls within the jurisdictional gateways for service out of jurisdiction
  3. 3 Whether England and Wales is the appropriate forum for the dispute

Ratio Decidendi

Mr Wheat's claim does not raise a serious issue to be tried because Google's actions did not constitute communication to a new public; the images were freely available and consented to be indexed. Hotlinking is lawful and performed by third parties. No copyright infringement occurred under UK law or CJEU jurisprudence. The claim fails the first stage of the Altimo Holdings test.

Court Disposition

Appeal dismissed

Orders

  • Application for permission to serve Google out of jurisdiction refused
  • Claim against Google dismissed