‘Illegal downloader may not be behind the family hide’

If your ip address was used to illegally files to download or upload, are you responsible? Also, if you share a computer with family members or roommates? The European Court of Justice tends to go to ‘yes.’

That is currently the state of affairs in a lawsuit between the German publisher Bastei Lübbe, and defendant Michael Strotzer. The publisher came Strotzer on the track after starting from its ip address, an audio book illegal was offered through peer-to-peer, or as a torrent. The man defends himself by stating that he is not the only one using that internet connection, but also his parents.

Also read – Download: what is and what is not allowed?

According to Strotzer can the publishing house not to show that out of all people the one is that the upload is available, the had just as good parents can. The European Court of Justice there is, however, not just with me, more so because there is no evidence for it. The defendant must be able to prove who’s at any time behind his pc was, and what they were doing.

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The Court states that there is a ‘correct balance’ between the rights of the copyright owner, publisher, and the (privacy)rights of the accused. Which can not just to others, pointing to the dance. Manage the Stotzer not to prove that others are responsible for the upload of the audiobook, then he is the publisher liable for damages.


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