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03/02/2020 CURIA - Documents provider may choose which technical measures to take in order to comply with the injunction even if such a choice is limited to a single measure consisting in password-protecting the internet connection, provided that those users are required to reveal their identity in order to obtain the required password and may not therefore act anonymously, a matter which it is for the referring court to ascertain. [Signatures] * Language of the case: German. curia.europa.eu/juris/document/document.jsf?docid=183363&doclang=EN&mode=lst&occ=ﬁrst 10/10

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McFadden v. Sony Music

Case Law

Country

Germany

Country Location

Latitud: 51.168768345617636

Longitud: 10.094236493110516

Country Location (vinculado Case Law): Germany

Decision Date: 15 sept 2016

Case Status: Cerrado

Case Outcome (Procedural)

Motion Granted/Motion Denied

Case Outcome (Disposition)

Advisory Opinion/Preliminary Ruling

Keywords

Copyright
Intermediary Liability

Case Number: C-484/14

Case Summary: The European Court of Justice (hereinafter, "ECJ") ruled that a copyright-holder might be capable of obtaining an injunction against an intermediary service provider to prevent an infringement by the transmission of information from a third party but that it was not entitled to claim compensation from the service provider as a result of the infringement. Sony Music claimed compensation for breach of copyright against Mr. McFadden, a German retailer, who had offered a free and unsecure WiFi service to the general public which was used to download a musical work owned by the music company. The Court had to balance the fundamental rights of a copyright-holder to intellectual property protection, the right of a service provider to conduct the business of supplying access to a communication network and the right to freedom of information of the recipients of that service. It reasoned that the retailer was a "mere conduit" under the relevant E-Commerce Directive and exempt from liability for infringement of copyright having satisfied the necessary conditions but, balancing the competing rights, it said that Sony might be capable of obtaining an injunction to prevent the relevant copyright infringement from taking place and to force Mr. McFadden to password protect his service so that information about users committing infringements could be obtained. Notably, the Court also confirmed that there is no general obligation on network access providers to monitor information that is transmitted over the network, in other words, in this case it was not McFadden’s responsibility to check to make sure whether users were using the service for illicit means.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Source Name and URL: Columbia Global Freedom of Expression

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Mc Fadden v Sony.pdf
English
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CYRILLA: Global Digital Rights Law

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McFadden v. Sony Music

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