18-07-2012, 14:25 #1
Justiça alemã diz que provedor pode ser co-responsabilizado por violação de copyright
A Suprema Corte da Alemanha decidiu que os serviços de hospedagem podem ser co-responsabilizados por violação de copyright caso não impeçam seus usuários de voltarem a armazenar arquivos que tenham sido anteriormente objeto de pedidos de remoção.
A decisão da justiça alemã é oposta ao entendimento da justiça francesa, que decidiu que provedores não estão obrigados a monitorar o conteúdo submetido por seus clientes.
Germany’s Supreme Court has ruled that file-hosting services can be held liable for secondary copyright infringement unless they prevent users from uploading files which have already been the subject of a take-down request.
Ruling on the case of Atari vs Rapidshare, the court said that Rapidshare must take all “technically and economically reasonable precautions” to prevent users from uploading copies of the Atari game, ‘Alone in the Dark’.
Rapidshare removed copies of the game from its servers after they received a complaint from Atari in 2008. However, the court ruled that Rapidshare should also monitor uploads to prevent further unlawful copies being uploaded. The implication is that, although file-hosts do not have to monitor for copyright infringement in general, they will be expected to monitor for files about which they have previously been informed.
This ruling appears to be in direct conflict with a recent ruling of the France’s highest court of appeal, the Cour de cassation, which overturned two court orders that required Google to remove copyright infringing items and to block future uploads of those items. The French court found that such ‘stay-down, take-down’ orders were forbidden under the e-Commerce Directive.
Courts in France and Germany differ about the way ISPs and online file-hosting services should deal with take-down requests, with Germany putting more responsibility on service providers to police content.
While the German Federal Court of Justice said that online storage services should look for similar infringing content when notified that they host one infringing file, the French Final Court of Appeal ruled that copyright holders should file an objection for each disputed upload.
German, French Courts Disagree on Responsibility of ISPs for Illegal Content | PCWorld Business Center
18-07-2012, 14:34 #2
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18-07-2012, 15:07 #3