Another German decision questions reasonableness of GS Media presumption if generally applied
A few weeks ago this blog reported on the judgment of the German Federal Court of Justice which decided that the presumption of knowledge envisaged by the Court of Justice of the European Union (CJEU) in GS Media [Katposts here ] for for-profit link providers would not be applicable to search engines due to their importance to the functioning of the internet. I have been made aware that this decision is not an isolated instance, and a similar line of reasoning can be found also in another recent German judgment, ie the one of the Regional Court of Hamburg issued earlier this year ( 308 O 151/17 ). Also this ruling shows a certain disagreement with recent CJEU case law on the right of communication to the public, including in the linking context, and warns against the dangers of intending the GS Media presumption of knowledge in too a broad sense. Background The decision orginated in the context of proceedings br...