ECJ judgement regarding “Störerhaftung” (Breach of Duty of Care)


The European Court of Justice ruled in its judgement of September 15, 2016, that Article 12(1) of Directive 2000/31 must be interpreted as meaning that a person harmed by the in-fringement of its rights over a work is precluded from claiming compensation from an access provider on the ground that the connection to that network was used by a third party to infringe its rights and the reimbursement of the costs of giving formal notice or court costs incurred in relation to its claim for compensation. However, the Court also ruled that an access provider may be ordered by injunction to prevent third parties from commiting copyrights infringements by technical measures, in particular by password-protecting the internet connection, provided that the users of the network are required to reveal their identity in order to obtain the required password and may not therefore act anonymously.

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