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On July 9 (local time), the European Court of Justice, which is the EU Supreme Court, ruled that online platforms such as YouTube are not obligated to disclose the email address, IP address, and phone number of the copyright infringer when a copyright infringement report is received. .
The ruling was made in 2013 and 2014 when three YouTube users uploaded the movie Scary Movie 5 and Parker illegally. The company (Constantin Film), which has exclusive access to these films in Germany, has personally shown email addresses, IP addresses, and phone numbers of three people who illegally uploaded to YouTube after seeing two illegally uploaded films viewed thousands of times. Asked for information. However, YouTube rejected the request and the company initiated legal action.
In the first trial held in the Frankfurt District Court, Germany, the company’s request was dismissed, but in the second trial, only the disclosure of e-mail addresses was allowed, and a ruling was granted partially acknowledging the company’s request. However, the second trial decision was not accepted by both sides, and after the hearing was sent to a German court, a request was made to the European Court of Justice to interpret the definition of the term address, which became the focus of the hearing again.
The IPR Enforcement Annex, set out on April 29, 2004, specifies the addresses of intellectual property infringers, but does not mention what this address means. In this hearing, for the purpose of the appendix, this address is limited to physical addresses, and the words such as e-mail address and IP address are included, but it is determined that objects other than addresses are irrelevant. Following the decision of the European Court of Justice, the German Federal Court is set to make a final decision on the hearing. Related information can be found here .
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