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EU court backs Playboy in Dutch hyperlinks copyright case | EU court backs Playboy in Dutch hyperlinks copyright case |
(about 17 hours later) | |
The European Court of Justice has ruled in favour of Playboy in a long-running case over hyperlinks to copyrighted content. | The European Court of Justice has ruled in favour of Playboy in a long-running case over hyperlinks to copyrighted content. |
The Dutch website Geenstijl, operated by GS Media, had posted links to an Australian site that was hosting photographs from Playboy. | The Dutch website Geenstijl, operated by GS Media, had posted links to an Australian site that was hosting photographs from Playboy. |
But the court ruled GS Media had broken copyright rules, in part because it was motivated by profit. | But the court ruled GS Media had broken copyright rules, in part because it was motivated by profit. |
GS Media said this was a blow to the "free internet". | GS Media said this was a blow to the "free internet". |
Playboy's publisher, Sanoma, first brought the case against GS Media over links to photos of Dutch TV personality Britt Dekker, in 2011. | Playboy's publisher, Sanoma, first brought the case against GS Media over links to photos of Dutch TV personality Britt Dekker, in 2011. |
In April 2016, EU advocate general Melchior Wathelet sided with GS Media, arguing in his legal opinion to the court that posting the hyperlinks did not constitute copyright infringement. | In April 2016, EU advocate general Melchior Wathelet sided with GS Media, arguing in his legal opinion to the court that posting the hyperlinks did not constitute copyright infringement. |
But now the court has ruled that GS Media's posting of the links was a "communication to the public" - making it subject to the stated checks and balances regarding copyright. | But now the court has ruled that GS Media's posting of the links was a "communication to the public" - making it subject to the stated checks and balances regarding copyright. |
It said the internet was "of particular importance to freedom of expression and of information and that hyperlinks contribute to its sound operation" - but added that certain parties had a greater responsibility to avoid posting links to illegally published content. | It said the internet was "of particular importance to freedom of expression and of information and that hyperlinks contribute to its sound operation" - but added that certain parties had a greater responsibility to avoid posting links to illegally published content. |
"[W]hen hyperlinks are posted for profit, it may be expected that the person who posted such a link should carry out the checks necessary to ensure that the work concerned is not illegally published," it said. | "[W]hen hyperlinks are posted for profit, it may be expected that the person who posted such a link should carry out the checks necessary to ensure that the work concerned is not illegally published," it said. |
In a statement on its website, Geenstijl said that not being able to hyperlink in a "free and unsolicited way" would make it harder for websites to report on newsworthy events. | In a statement on its website, Geenstijl said that not being able to hyperlink in a "free and unsolicited way" would make it harder for websites to report on newsworthy events. |
It added that it would continue to "fight on for freedom" over the matter. | |
GS Media's lawyer also released a statement. | |
"While private individuals who unwittingly link to infringing content may be safe from copyright claims, the decision poses problems for all online media organisations in Europe," wrote Remy Chavannes. | |
"They will be expected to ascertain the copyright status of all information to which they link, which will often be impossible. | |
"If a news story is based on information that has leaked online, they may not be able to link to the source without risking a copyright claim. Copyright was never intended to censor news reporting. | |
"The mere uncertainty about potential infringement claims will encourage both media outlets and individuals to refrain from linking, leading to less verifiable journalism and a less open internet." |
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