Post by account_disabled on Dec 20, 2023 2:40:26 GMT -7
APirate Bay known for allowing users to access torrent files and magnet links that contain metadata through indexing and a search engine metadata that allows users to download protected works without authorization from rights holders. This type of site usually claims that it does not host protected content and that administrators do not upload any content on their own to the platform. A Dutch supreme court asked the CJEU to answer whether the operator of such a platform publicly communicates copyrighted works. In its decision the Court refers extensively to its recent judgment of April Filmspeler and recalls its jurisprudence on communication to.
The public including decisions on hyperlinking GS Media Reha Training country email list Besthingyer Svensson ITV Broadcasting Premier League . The Court particularly insists on the deliberate character of the users intervention by the fact that any act by which a user with full knowledge of the relevant facts offers customers access to protected works may constitute an act of communication . Although protected works are made available on the platform by users the Court notes that the operator plays a key role in making this possible . In fact the o consequences by indexing and classifying files and links according to the corresponding works.
Therefore the operator facilitates access to the works. The Court also notes that in the absence of such a platform and management by the operator the works could not be shared by users or at least their sharing on the Internet would prove more complicated . Therefore the operators cannot be considered to make a simple provision of facilities that allow or carry out a communication in accordance with recital of Directive . In light of the recent jurisprudence of the CJEU this approach and ruling was predictable and expected. It is however a welcome clarification of the solution regarding intermediaries link directory andor metadata providers that allow.
The public including decisions on hyperlinking GS Media Reha Training country email list Besthingyer Svensson ITV Broadcasting Premier League . The Court particularly insists on the deliberate character of the users intervention by the fact that any act by which a user with full knowledge of the relevant facts offers customers access to protected works may constitute an act of communication . Although protected works are made available on the platform by users the Court notes that the operator plays a key role in making this possible . In fact the o consequences by indexing and classifying files and links according to the corresponding works.
Therefore the operator facilitates access to the works. The Court also notes that in the absence of such a platform and management by the operator the works could not be shared by users or at least their sharing on the Internet would prove more complicated . Therefore the operators cannot be considered to make a simple provision of facilities that allow or carry out a communication in accordance with recital of Directive . In light of the recent jurisprudence of the CJEU this approach and ruling was predictable and expected. It is however a welcome clarification of the solution regarding intermediaries link directory andor metadata providers that allow.