So then Facebook can be sued if someone posts a link to my copyrighted content? ...

kuschku · on Sept 10, 2016

> This ruling will take about 20 seconds before it is abused for profit.

You’ll get laughed out of every court.

Remember, the EU does not operate under common law, but civil law, so the value of a precedence case is already limited.

In such a case, more specific interpretation is definitely necessary.

downandout · on Sept 10, 2016

You’ll get laughed out of every court.

Apparently not, if other courts agree with this one.

kuschku · on Sept 10, 2016

First, PLEASE read the ruling. It’s disheartening how many are discussing it without reading first.

Second, the court made a ruling about the application of a law in a specific set of cases:

A company takes a link which they know points to illegal material, and publish it, for the intention of making profit.

Third, this is Civil Law. NOT Common Law. Precedence means nothing.

So, if that was actually true, due to (3), Google could have been sued thousands of times before, or Movie4k.to or so on – but they haven’t.

Even kino.to could only be sued because they paid the uploaders of illegal movies money – not because they linked to them.

Second, this specific case here doesn’t even apply to almost every other website.

The argument is "because they published it and claimed exclusivity to make money, they had to know it was illegal".

Which means if you have user generated content, standard C&D or DMCA stuff applies, and only if you violate that, it can be infringing.