Tue, Jan. 29, 2008

Milestone in Copyright Jungle

CK - Washington.   Along the zigzagging course of German rulings through the jungle of contributory liability for copyright violations, the Frankfurt court of appeals set a milestone now available at Medien Internet und Recht.

The December 20, 2007 decision in the matter 11 W 58/07 applies §97 of the recently revised copyright statute, Urhebergesetz, to facts involving the download of material protected by copyright through a computer system in violation of the act.

The court absolved the owner of the PC of contributory liability for the download by a third party. It held the owner not subject to a duty to monitor the user and prevent violations of the law. Such a duty might exist in narrow circumstances, such as when the owner knows of prior violations by the user in the course of such activities, the court reasoned.


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