This morning, the Court of Justice of the EU has published a judgment that makes it clear that, in the event that a user is accused of violating copyright, online platforms are not obliged to provide their IP or email addresses or their phone number to the holders of said rights.
The origin of the publication of said judgment lies in a legal confrontation – which is already 6 years old – between YouTube / Google and Constantin Films, a German cinema distributor.
Precisely YouTube is one of the platforms whose users violate these rights more frequently, given the large number of hours of video that are uploaded every day.
Constantin Films vs YouTube
That was the case of 3 users who in 2014 uploaded copies of ‘Scary Movie 5’ and ‘Parker’ to their YouTube channels, causing Constantin Films, owners of the distribution rights for both titles in Germany, to demand not only your withdrawal from the platform, but the delivery of personal data already quoted from said users.
Google denied that request for data and the matter ended in court.: the first (a district court in Frankfurt) rejected the demands of Constantin Films, the second (a court of the federal state of Hesse) ordered to deliver the email addresses, but not the rest of the data … so that a new appeal referred the case to the German Federal Court of Justice.
This court put on the table the root of the discrepancies of both parties when interpreting the law:what does the reference to the ‘address’ of the offender refer to covered by the European Directive on Intellectual Property Rights?
“8.2. The data referred to in section 1 shall include, as appropriate: a) names and addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as of the recipient wholesalers and retailers “.
Finally, the German court’s request for clarification to the EU Court of Justice is what has motivated the latter’s ruling, clarifying that the ‘address’ referred to in the directive is only to the postal address of your habitual residence, which comes to support YouTube’s position:
“When a film is uploaded to an online video platform without the consent of the copyright holder, Directive 2004/481 does not oblige the judicial authorities to order the operator of that platform to provide the email address, the IP address or phone number of the user who uploaded the movie in question. “
Track | TorrentFreak
Sharing If you violate copyright, the EU will not force YouTube to share your email, IP or phone with the owner … only your address