The Svensson judgment; did the CJEU break every link with copyright law?

Is there copyright infringement if a hyperlink is provided to works that are freely accessible on other websites? The CJEU’s judgment in the case of Svensson et al. v. Retriever Sverige AB concerns a website that provides hyperlinks to articles written by journalists of Götenborgs-Posten. These articles are freely accessible on the Götenborgs-Posten newspaper site. The journalists claim that Retriever Sverige is infringing their copyright by providing these hyperlinks. The Court found, in summary, that although an act of communication takes place, the hyperlinks do not constitute communication to a new public. So no copyright-relevant act of communication to the public takes place. In this article a few critical comments on the judgment are made. Read the complete article here.