recently, The German Federal Court issued a ruling——YouTube Don't have to disclose the emails or users who upload pirated movies to the platform IP address.

The ruling is the result of a long-running case, The case involves 3 A general "Scream and laugh 5" and "Parker" upload YouTube web YouTube user, Its actions have led to thousands of copyright-infringing viewings. YouTube More than per month 20 Hundreds of millions of login users, Is the most influential video platform in the world. People watch more than a billion hours of video every day, Billions of times.

In the past 5 mid-year, YouTube It has been used Content ID The system's infringement prevention partners are invested 20 Billions of dollars, But some companies prefer to resolve alleged infringements through legal action and the courts. Users upload pirated movies YouTube in 2013 Nian He 2014 years, 3 a YouTube User will movie "Scream and laugh 5" and "Parker" Upload to the platform, This infringes on Constantine Pictures, the film's exclusive German copyright holder ( "Constantine" ) right.

The illegally uploaded content has been viewed thousands of times, So the studio is trying to determine the identity of the uploader, In order to get compensation. Constantine vs YouTube And its owner, Google, Request personal details of alleged infringers, The user's email address is specifically requested, IP Address and phone number. These requests were denied, Constantine then filed a lawsuit in court. The lawsuit was first filed at Frankfurt District Court, The court rejected Constantine's request.

thereafter, The High Court partially overruled the district court's decision, command YouTube Disclose the user's email address, But you don't have to disclose theirs IP Address and phone number. Neither party accepted the award, The case was transferred to the German Federal Court. Because of uncertainty about how the disclosure request should be handled under EU law, The federal court referred the case to the Court of Justice of the European Union, And a plea to the European Union "Copyright instruction" The first 8 Mentioned in the article "address" The definition of the word is clarified.

The European Court of Justice ruled in favour YouTube The European Court of Justice ruled in 2020 years 7 The ruling in January effectively upheld YouTube, Google and uploaded pirated movies years ago 3 Name user. The court held that, The first 2004/481 The directive does not compel authorities to force video platform operators to disclose the email addresses of users who upload pirated content, IP Address or telephone number. Consistent with previous views, In the case "address" Refers to the actual location, namely "Permanent address or habitual residence" , Not email addresses, IP Address or telephone number. The case returns to the German Federal Court of Justice of the European Court of Justice after a ruling, The case was returned to federal court.

The federal court said in a ruling late last week, The two parties have been arguing about what information should be disclosed, Constantine demanded maximum disclosure, YouTube It wants its claim rejected altogether.

finally, Backed by a ruling by the Court of Justice of the European Union, The Federal Court of Germany ruled, According to EU law and German copyright law, YouTube The personal details of all suspected infringers need not be disclosed to Constantine. Any information disclosed to Constantine can only include the user's name and postal address. Even if the user only provides the alias or pseudonym used to upload the movie illegally, So let's do that again. if YouTube Not to the user (all 3 An uploader) The actual address is archived, The company does not have to disclose it IP address (although YouTube Users agree to store when they register) . YouTube Nor do you have to disclose any phone numbers or dates of birth that might be on file.

(Compiled from torrentfreak. com)

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

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