Another German decision warns against broad application of GS Media presumption for for-profit link providers
Visual map on linking after GS Media , available here A few days ago this blog reported on a recent decision of the Regional Court of Hamburg that, similarly to another German judgment – this being the also recent ruling of the Federal Court of Justice (BGH) [ here ] – questioned or, at least, proposed a restrictive meaning and application of the recent decisions of the Court of Justice of the European Union (CJEU) on the right of communication to the public and linking to protected content under Article 3(1) of the InfoSoc Directive . It appears, in particular, that it is the CJEU construction of prima facie liability for unauthorized linking as found in GS Media [Katposts here ] – notably the presumption of knowledge applied to link providers with a profit-making intention (see my table on the right hand side) – to face resistance. Than...