The European court of justice (ECJ) is abandoned by all good spirits. Because he sets the law on intellectual property on the Internet except for power. This is done in two stages. Last week, the ECJ has decided that a video platform must provide for the prosecution of violations of copyright on the Request of the Injured party, only the postal address of the alleged robbery copier (case number: C-264/19). The joke is, These “postal address” is not there at all.
one of the features of Youtube content is high, does not have a postal address, he tells only his name, date of birth, E-Mail and, in some cases, a phone number. So anyone who wants to, as in the case of the company Constantin Film, the ones before the court to account, the set of illegal content on Youtube – it was about copies of the films “Parker” and “Scary Movie 5” – and has no starting point. He can demand that Youtube blocks the content, but this is like the race between the hare and the hedgehog: can’t find an illegal copy, appears the next. You can make a thousand times a day. The theft and the commercial exploitation of illegal content, of which Youtube for its advertising revenue participate, can’t stop the rights holders. You need the IP address of the Infringer, or at least an E-Mail address and a telephone number, but you do not get it. They are prescribed by the highest European court, defenseless.
billions of hard-to-silicon-Valley-theft
the Prosecutor-General Henrik Saugmandsgaard Øe provides For part two of the deprivation of rights. He argues, in his on Thursday published opinion on the two copyright cases that Youtube and its parent company Google for copyright infringement cannot be prosecuted, as long as by the European Parliament last year adopted copyright Directive is not yet transposed into national law. Youtube and Google are not taking the “public” itself, but only an “intermediary”. To be liable to the user that loads the potentially illegal content to be alone.
In the present case had sued a music rights publisher against Youtube and Google, and on the other hand, the scientific publisher Elsevier against the share hosting platform Uploaded by Cyando (reference: C 682/18 and C 683/18). The Only thing that the General lawyer is the rights-holders at the present time, relates to the so-called fault liability: This means that copyright against Online platforms are able to obtain court restraining orders against existing illegal deals, without the need for the constant repetition of the violations of the law to wait. Buy nothing can copyright it. Is disturbed, the circulation of the multibillion-dollar Silicon-Valley-theft not once in the approach. To the thieves they can’t get to (postal address!), and the fence (i.e. the platforms) will not be prosecuted.
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You ask, in which is the analog stone age-bubble advocates-General and judges of the European court of justice in life. From the large business with the plundering of authors you have noticed, nothing seems to. You sanction a business practice that violates fundamental rights. And you torpedo all the efforts of the policy, to make the digital corporations are finally responsible for your own actions and to take, in liability. How are you going to do because on the one hand, the law effectively against hate speech, deliberate false information, propaganda, anti-Semitism, racism, and the glorification of violence on the Internet, such as through the network of enforcement of the law and the state media Treaty, when Europe’s top judges, on the other hand, the copyright notice, that of “Intermediaries” – i.e., companies like Google, Facebook, Youtube, Amazon and Twitter – only “intermediaries” are, you can’t “make primary” for what’s going to you be liable?
