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Showing posts from April, 2020

An address by any other name? AG Øe advises CJEU to rule that 'address' does not include email and IP addresses

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Physical address Can a rightholder request, under  Article 8(2)(a) of the Enforcement Directive , an online platform to provide personal contact details (more precisely: email addresses, telephone numbers, and IP addresses) of users of such platform who have infringed its copyrights? This, in a nutshell, is the question at the heart of the referral in  Constantin Film v YouTube , C-264/19 , currently pending before the Court of Justice of the European Union (CJEU). A few days ago, Advocate General (AG) Saugmandsgaard Øe issued his  Opinion , substantially answering in the negative (at least from an EU perspective). The referral is important for two key reasons ... plus one. First, because this is yet another case – recent instances being the 2019 Grand Chamber rulings in  Funke Medien ,  Spiegel Online , and  Pelham   [Katposts  here ,  here , and  here ]  – in which the CJEU will be required to balance different fundamental rights: here it is, on the one hand, co