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Showing posts with the label GS Media C-160/15

German Federal Court of Justice rules that GS Media presumption of knowledge does not apply to Google Images

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Is Google responsible for the lawfulness of the images displayed through its  Images search service ? According to the German Federal Court of Justice ( Bundesgerichtshof - BGH), the answer is NO. In a judgment delivered yesterday ( I ZR 11/16 - Preview III ) the BGH relied on the decision of the Court of Justice of the European Union (CJEU) in  GS Media , C-160/15   [Katposts  here ]  and dismissed the action that the operator of a photography website had brought against Google and its search engine. Background The applicant’s website includes a restricted (password-protected) area to which customers can only access upon payment of a fee. Once there, customers are able to download the photographs placed in this area to their computers. Some of these photographs were re-uploaded unlawfully by customers onto freely accessible websites. Relevant thumbnails were subsequently indexed on Google Images from such freely accessible sites. Acc...