Files are shared free of charge and, in the case of the majority of those works, in breach of copyright. TPB is in fact one of the biggest and best-known sites for sharing files containing musical and cinematographic works. It is by this analogy, worthy of copyright protection, that the Australian judge, Justice Cowdroy explained how file-sharing in breach of copyright by means of the BitTorrent protocol works. ( 3) The Court is called upon in the present case to identify the legal bases and the scope of any liability in respect of such breaches committed by ‘card providers’, that is to say, sites such as The Pirate Bay (‘TPB’). torrent file is the treasure map, The Pirate Bay provides treasure maps free of charge and the tracker is the wise old man that needs to be consulted to understand the treasure map’. ( 2) ‘… the file being shared in the swarm is the treasure, the BitTorrent client is the ship, the. ‛Copyright and related rights - Directive 2001/29/EC - Article 3(1) - Communication to the public - Concept - Indexing site allowing the sharing of protected works without the authorisation of the rightholders - Article 8(3) - Use by a third party of the services of an intermediary in order to infringe a copyright - Injunction’ (Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands Supreme Court)) Treaty: Treaty establishing the European Economic Community Link Select all documents mentioning this document Instruments cited in case law: Reference for a preliminary ruling - Intellectual and industrial property - Directive 2001/29/EC - Harmonisation of certain aspects of copyright and related rights - Article 3(1) - Communication to the public - Definition - Online sharing platform - Sharing of protected files, without the consent of the rightholder.ĭigital reports (Court Reports - general)
Request for a preliminary ruling from the Hoge Raad der Nederlanden. Stichting Brein v Ziggo BV and XS4All Internet BV. Opinion of Advocate General Szpunar delivered on 8 February 2017.
Opinion of Advocate General Szpunar delivered on 8 February 2017.#Stichting Brein v Ziggo BV and XS4All Internet BV.#Request for a preliminary ruling from the Hoge Raad der Nederlanden.#Reference for a preliminary ruling - Intellectual and industrial property - Directive 2001/29/EC - Harmonisation of certain aspects of copyright and related rights - Article 3(1) - Communication to the public - Definition - Online sharing platform - Sharing of protected files, without the consent of the rightholder.#Case C-610/15.
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