German music rights group GEMA has won the legal battle against a popular service Uploaded.net, with the Regional Court of Munich ruling that the file-hosting platform is liable for content shared by its users, because it failed to take precautions against piracy.
Uploaded.net accounts for millions of monthly visitors and is considered one of the largest services of its kind. Like other online services, it is also used to share copyright infringing content, which copyright holder groups couldn’t like much. As a result, the German music rights group GEMA, representing about 70,000 artists, took the matter in court, which eventually ruled that Uploaded must take measures against online piracy and can be held liable for the infringements of its users. In other words, the file-hosting service faces damages.
The court decided that Uploaded is not just obliged to remove infringing files when it receives a request to do so: the service must also take additional measures – for example, prevent the same files from being uploaded again. However, the court order is not yet legally binding and is likely to be appealed.
The court also noted that Uploaded’s business model is “risk-inducing” and “dangerous for copyright owners,” pointing at the anonymity of users and the referral program that potentially increase the liability of the file-hosting site. Like other similar services, Uploaded allows users to generate revenue by referring new members to the platform.
GEMA is of course happy with the court ruling and advocates for a regulatory framework where website operators are held responsible for the piracy that occurs on their site.
Uploaded.net accounts for millions of monthly visitors and is considered one of the largest services of its kind. Like other online services, it is also used to share copyright infringing content, which copyright holder groups couldn’t like much. As a result, the German music rights group GEMA, representing about 70,000 artists, took the matter in court, which eventually ruled that Uploaded must take measures against online piracy and can be held liable for the infringements of its users. In other words, the file-hosting service faces damages.
The court decided that Uploaded is not just obliged to remove infringing files when it receives a request to do so: the service must also take additional measures – for example, prevent the same files from being uploaded again. However, the court order is not yet legally binding and is likely to be appealed.
The court also noted that Uploaded’s business model is “risk-inducing” and “dangerous for copyright owners,” pointing at the anonymity of users and the referral program that potentially increase the liability of the file-hosting site. Like other similar services, Uploaded allows users to generate revenue by referring new members to the platform.
GEMA is of course happy with the court ruling and advocates for a regulatory framework where website operators are held responsible for the piracy that occurs on their site.
