Youtube and other Online portals have to give according to EU law, no E-Mail addresses, telephone numbers or IP-addresses of users, even if these films have been illegally uploaded. This is evident from a judgment of the European court of justice (ECJ) in Luxembourg on Thursday to a German case. The Constantin Film Verleih wanted to force information on three users who have spread the action film “Parker” and the horror Comedy “Scary Movie 5”. (AZ: C-264/19)
The three of them had the movies, the Constantin in Germany, has the exclusive rights of use, in 2013 and 2014, uploaded on Youtube. There, they were looked at according to the ECJ, several tens of thousands of times. The movie rental company demanded that Youtube and its parent company Google information about the user. Because of the need to register prior to the Upload of films.
Only the postal address
Because the American companies refused, the case went to court and finally ended up in Federal court. The referred it to the ECJ to interpret the relevant EU law to the law of intellectual property.
according to The Directive, the courts can order that “names and addresses” of the manufacturers, producers, distributors, suppliers and other previous holders of the Goods or services must be reported if they violate a right of intellectual property. It was unclear so far whether and to what extent these E-Mail addresses, phone numbers, and IP includes addresses.
The ECJ ruled that these are not included. Firstly, with “address” in the normal use of the language only of the place of residence or the place of residence meant. Secondly, the judge found in the preparatory works to the Directive note that, in this exceptional case, more so meant it should be. And thirdly, address” also in other EU legal acts, included “neither an E-Mail address, telephone number or IP address.
