©-LAW

The face of someone keen to share their Wi-Fi password .... What can be the nature of the penalties and measures to be taken in copyright infringement cases? More specifically:  Is it compatible with EU law to provide that the owner of an internet connection, through which copyright infringements have been committed, may escape liability thereof by indicating, without the need to provide any further details, a family member who has also had access to such connection? These were the issues at the centre of   Bastei Lübbe , C-149/17 , a reference for a preliminary ruling from Germany. Background The referral was made in the context of litigation between Bastei Lübbe, a German phonogram producer, and Michael Strotzer, the owner of an internet connection through which an infringement was committed in 2010.   The latter submitted that he had not committed the infringement himself and that his internet connection was sufficiently protected. He also argued...

Clearly looking at something very interesting While it is true that Member States retain significant freedom in devising relevant procedures for repressing copyright infringements and awarding damages,  Article 8 of the  InfoSoc Directive  requires  resulting sanctions and remedies be effective, proportionate and dissuasive. This provision is in line with what also Article 3 of the  Enforcement Directive  mandates. In this sense, the question that arises – and has actually arisen – is whether it is compatible with EU law to provide that the owner of an internet connection, through which copyright infringements have been committed, may escape liability thereof by indicating, without the need to provide any further details, a family member that has also had access to such connection. In a nutshell, this is the issue at stake in  Bastei Lübbe  C-149/17 , a reference for a preliminary ruling from the District Court Munich I (Ger...