Respect of family life cannot be abused to trump copyright protection, says AG Szpunar
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...