Court of Justice: Streaming can represent but copyright infringement

for all users of steaming offers the European Court of Justice made yesterday an important judgment (C-527/15 reference). The previous legal opinion, that streaming is also safe and generally lawful for users, if the permission of the rights holder is missing the party, will lapse by the decision. According to the judgment of the European Court of Justice, illegally distributed movies streaming but now represents a copyright infringement.

 the entrance building of the Court of Justice of the European Union on the Kirchberg in Luxembourg (image: Parliament)

actually was “filmspeler”, which is offered by the Web site operator in the process the multimedia player intended to stream. Users were created by third parties and on the Internet freely accessible Add-ons link collections, which they pass on streaming sites where movies, television shows and broadcasts of sporting events are accessible. “ Stichting BREIN “, a Dutch anti-piracy group, had appealed an injunction because this streaming content are often deployed without the consent of the rights holder.

‘in the thing was at first only to an external streaming player, looking at the judgment reasons but, so the decision can be transmitted also retrieving pages such as’, lawyer Christian Solmecke by the Cologne firm wild curl has explained. “Basically the judges assume that users behave always then illegally if they had knowledge of the unlawfulness of the common stream, or it must have had. It however always to go out should be, if current cinema films, which are not legally available, be made available in the Internet through streaming.”

has feared no new waves of incurred after the judgment. He sees the biggest risk for paying users of illegal services, because you in the case of the seizure of the server by authorities over there the easiest way invalidates IPS identifiable. Unlike file sharing method has but assumes that the financial claims remain even manageable, finally they have not distributed so the contents of illegally offered: “the incurred costs are capped on approximately 150 euros in the private sector for some time, the compensation per consumed film is expected to be about 5 to 10 euro.”

[withmaterialfromPeterMarwan ]

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