Editor's note: Wullens Sell a multimedia player on multiple sites "Filmspeler" . The player acts as a medium for connecting image and sound signal sources to the TV display, Its pre-installed software includes Internet plug-ins provided by third parties, This plug-in allows you to connect to specific websites, Through these sites, the public can access their protected works without the permission of copyright owners. The player user connects the player to the TV display, You are free to choose which of the above protected works you wish to view. Read the details below!

[background] Wullens Sell a multimedia player on multiple sites "Filmspeler" . The player acts as a medium for connecting image and sound signal sources to the TV display, Its pre-installed software includes Internet plug-ins provided by third parties, This plug-in allows you to connect to specific websites, Through these sites, the public can access their protected works without the permission of copyright owners. The player user connects the player to the TV display, You are free to choose which of the above protected works you wish to view. Plaintiff in the case Stichting Brein, It's a Dutch foundation for the protection of copyright owners. The plaintiff sued for sale "Filmspeler" The behavior of the player constitutes the behavior of disseminating to the public without the permission of the copyright owner and other relevant right holders. Wullens pleadings, Its sales activities fall under the exception of copyright protection under Dutch law, That is "Directive of the European Parliament and of the Council on the harmonization of certain copyright and related rights in the information society (The first 2001/29/EC No) " (Hereinafter referred to as "European Union regulation 2001/29/EC Number instruction" ) The first 5. 1 prescribed "Temporary replication (temporary reproduction) " behavior.

In view of this, The Dutch Court of First instance decided to suspend the case, Appeal to the European Court of Justice (Court of Justice) Make a preliminary determination on the following issues: sales "Filmspeler" Whether the conduct constitutes "European Union regulation 2001/29/EC Number instruction" The first 3. 1 The act of communicating to the public as specified in the article; and, case "Filmspeler" Implemented by the end user "Temporary replication" Whether the act of the work belongs to "European Union regulation 2001/29/EC Number instruction" The first 5. 1 prescribed "Legal use (lawful use) " behavior?

[conclusion]

First of all, The European Court of Justice cited its own precedents on similar disputes, Summarize the composition "Communicate to the public" The behavioral requirements of. "Communicate to the public" The concept consists of two elements: "spread (act of communication) " Work behavior; and, to "public (public) " Propagation behavior (2016 years 5 month 31 day "Reha training" case (Case number: C-117/15) and 2016 years 9 month 8 day "GS Media" case (Case number: C-160/15) judgment) .

"spread" Behavior means, The act of disseminating a work using a different technical method than before. Use the same technical methods as before to distribute the work, But the target public (An unspecified number of potential viewers) is "New public" the, That is, the part of the public that was not taken into account when the right holder authorized the initial dissemination to the public, Also constitute "Communicate to the public" behavior (2011 years 10 month 4 day "Football Club Association Premier League" case (Case number: C-403/08) and "GS Media" case (C-160/15) judgment) .

Based on the above premise, European court of justice, Whereas the player allows public access to protected works, Sales similarity "Filmspeler" Multimedia players constitute the act of communicating to the public. Therefore, The defendant's conduct was not "European Union regulation 2001/29/EC Number instruction" preamble 27 paragraph "Only physical equipment necessary for communication purposes is made available to the public, Does not constitute an act of communication to the public" The situation of. On the contrary, The defendants are websites containing infringing works and "Filmspeler" Users make direct connections, As a result, the protected works are accessed by unauthorized visitors, If the defendant did not act, It is likely that no such infringement will occur. Although at the time this case was filed, Only a few people actually bought the controversial player, But the European Court of Justice stressed the importance of the cumulative effect of the act of disseminating works to the public, That is, it shouldn't just be about how many people currently have access to the game in question, You should also consider how many more people are likely to access these works in the future (2012 years 3 month 15 day "Phonographic Performance" case (Case number: C-162/10) judgment) . But in any case, Have obtained "Filmspeler" The user of the player shall be identified as "New public" . Finally, Given the obvious profiting in this case, Should be recognized (defendant) When a plug-in is preinstalled in the player, you know that you are accessing a protected work through the plug-in. As to whether this case applies "European Union regulation 2001/29/EC Number instruction" The first 5. 1 Exceptions to the provisions of the article, The European Court of Justice held that "Filmspeler" The act of a player user copying a work, It is not replicated between third parties for network transmission purposes, Nor is it reproduced with the permission of the copyright owner for the purpose of lawful use of the work, Therefore, the exception under the Act is not met.

[comment]

The ruling in this case summarizes and cites the relevant European Court of Justice in recent years "European Union regulation 2001/29/EC Number instruction" "Communicate to the public" A large number of decisions in controversial cases. Adjudication of the case, The European Court of Justice said it again "Communicate to the public" The breadth of the concept, And the need to curb the use of the Internet and related technologies to infringe upon the intellectual achievements of others.

compile: Liu Dan, Esabarry Legal Counsel

source: Esabaril (ELZABURU) Intellectual property rights

Cover picture source: Bing Pictures