The European Court of Justice issued a ruling, include YouTube Online platforms, including those in Hong Kong, do not have to submit email addresses of suspected pirates at the request of copyright holders, IP Address or telephone number. "Copyright instruction" Is involved in "address" It depends only on postal address.

YouTube Millions of users upload huge amounts of content to the site every day, Most of it, though, is perfectly fine, But there is also certain content that inevitably violates the copyright of copyright holders. in 2013 Nian He 2014 years, 3 position YouTube User will movie "Horror film 5" (Scary Movie 5) and "Parker" (Parker) Upload platform, This led to Constantine Films (Hereinafter referred to as "Constantine" ) Pay attention to, Constantine is the exclusive rights holder for the films in Germany. The illegally uploaded content has been viewed thousands of times, So the studio decided to exercise its rights.

YouTube Declined to provide detailed personal information in connection with YouTube In negotiations with its owner, Google, Constantine asked for the personal details of the alleged infringer, Include their email address, IP Address and phone number. Both companies rejected Constantine's demands. Therefore, The two sides went to court. The case was first heard at the Frankfurt District Court in Germany, The court rejected Constantine's claim.

but, On appeal, The higher court partially overruled the district court's decision, command YouTube Provide the email address of its user, But you don't have to submit IP Address and phone number. however, Neither side in the lawsuit accepted the outcome, The case has gone to Germany's Federal Supreme Court. but, In order to make a prudent decision, Germany's federal Supreme Court referred the case to the European Court of Justice, Request a pair "Eu copyright directive" The first 8 As stipulated in the article "address" To clarify.

YouTube And Google won

2020 years 7 month 9 day, The European Court of Justice ruled, Firmly support YouTube And Google——Or you can say, Siding with individuals who illegally uploaded movies years ago. According to a brief provided by the court: "in 2020 years 7 month 9 The Constantine case released on Sunday (C-264/19) In the verdict, Court order, When a user uploads a movie to an online video platform without the consent of the copyright holder, The first 2004/48 The directive does not force judicial authorities to order video platform operators to provide the email addresses of users who upload relevant films, IP Address or telephone number. " "Public infringement of intellectual property rights as provided for in the Directive 'address' Only postal addresses are involved. " The court stated that, The copyright directive does provide a mechanism for judicial disclosure, May order the disclosure of personal information to the right holder, To resolve intellectual property disputes.

but "address" The term refers specifically to a physical location. The court cited personal "Permanent residence or habitual residence" , And explicitly excluded email addresses, Phone number and email address. The court also wrote: "This court holds that, This interpretation is consistent with the right to know 2004/48 The purpose specified in the directive. "

"Whereas the principle of minimal harmonization is generally applied in intellectual property enforcement, This coordination is limited to narrowly defined information. In addition, The purpose of this provision is to harmonize the observance of rights, These include the right of copyright holders to be informed and the right of users to protect their personal data and information. " It's worth noting, The European Court of Justice said, The possibility of obtaining additional information about users is not completely ruled out, But such decisions should be made by EU member states in the balance of fundamental rights (Including balancing according to proportionality) Make after.

The court added: "In spite of this, The court held that, Member States may choose to grant intellectual property rights holders the right to better information, But only if a fair balance is struck between the fundamental rights involved and other general principles of EU law, For example, Proportionality principle. " This final ruling has nothing to do with 2020 Earlier this year the European Court of Justice's commissioner, Henrik．Saugmandsgaard (Henrik Saugmandsgaard Øe) The ideas put forward coincide with each other, The opinion holds that "address" The term refers only to the actual location.

Saugmandersgaard thinks: "No doubt, In everyday speech, personal 'address' concept——Specifically asked by the Federal Supreme Court of Germany——Only postal addresses are covered, YouTube And the address submitted by Google is appropriate. " After clarification by the European Court of Justice, The case will now return to the German courts.

(Compiled from www. lexology. com)

Reprinted from China Intellectual Property Network   translation: Wang Dan　proofread: Rason group

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