Shock judgment! This is what internet streamer needs to know now
Luxembourg – The European Court of Justice has ruled: No longer only the operators of illegal streaming services violate the law – but also the streamer itself.
The Grauzone is pitch black: to stream movies, serials or sports as you wish, could become an undertaking in the future with serious legal consequences. This was the opinion of the European Court of Justice (ECJ) on 26.04.2017.
According to this, not only Internet users, who illegally offer offers without rights in the network, but also the streamer themselves to account – even if they do not download any films or sports transfers permanently.
The ECJ ruling in the case of Filmspeler
In the specific case dealt with by the Court of Justice, it was only the Dutch provider, Filmspeler, that initially focused on experts, that the judgment which the ECJ finally concluded would inevitably affect further streaming services.
The website offered a multimedia box for the TV, on which additional programs were installed. Thanks to these special add-ons, the owners were able to access not only legal, free streams, but also illegal streamings. Filmspeler was massively on the Internet with this exceptional opportunity and, according to information from the weekly ZEIT, the Dutch association Brein attracted attention, who complained of omission.
The ECJ had no mercy and was already the sale of the film giver as illegal – it is in the offer of the mediaplayer is a “public reproduction”, which belongs only to the rights owner.
In addition, the ECJ ruling was also a guiding principle for filmspeler users. In its ruling, according to the news portal “tagesschau.de”, the Court made it clear that they too did not deserve protection because they “voluntarily and in the knowledge of the situation, procured a free and unauthorized offer of protected access to works”.
The ECJ ruling: A decision with decisive consequences
Even though this verdict was initially only related to the Dutch website, further web sites that support streaming are inevitably affected by hitherto unknown circumstances, such as the well-known homepages kinox.to, Streamcloud or Kiste.
Contrary to the widespread rumors, users, who could spend hours on hours on these websites, had so far hardly to fear copyright infringements. Their activities on the Internet were classified as largely secure for the sole reason that they consulted contents offered illegally, but they were not widely used.
However, with the ECJ ruling, the light gray zone has now turned into a dark gray.
Illegal streaming as an intentional “abnormal” action
In the plea of the EU’s Attorney General, it was even said that any streaming activity in the network must be classified as an intentional, even “abnormal” act. According to this, each streamer could well estimate that he was using an illicit offer, “without paying an economic consideration”.
As a result, the judiciary will in the future step up against all streaming providers and their consumers. This should be in addition to real film junkies, especially sports fans, which many Bundesliga games or footballmatches so far listen to heartfelt via stream, alarm. Benjamin Raue, in his talks with tagesschau.de, said: “Anyone who is consciously looking for an obviously illegal streaming site or is looking for a free Bundesliga Livestream on the Internet, although he knows that the Games can only be viewed against money, which, according to the ECJ ruling, most likely violates copyright law. ”
The difficult task of the courts is then to find out whether users deliberately used the illegal (live) streams. If this is the case, the streamers could soon flutter warnings and damages claims into the house. Nevertheless, it may happen that a streaming fan accidentally lands on an illegal site. In order to avoid this in any case, you should therefore distinguish legal from illegal offers. We have summarized what you can recognize at once.
Alleviation: There is no threat whatsoever
Despite the ECJ ruling, which is likely to cause a lot of hobby streamers, there are no grounds for panic, according to experts such as the Cologne attorney Christian Solmecke. In contrast to ZEIT, the lawyer did not predict a sudden warning wave.
On the one hand, rights owners are still likely to find illegal users. These can still be traced back only through their IP addresses, which are usually not saved by the operators of the illegal websites.
On the other hand, “mere” streamer on the judicial shooting list are not as far up as the “filesharers”. The latter use songs or films not only illegally but also make them available to other users free of charge via upload.
Translated from Source