In the case of copyright infringement does not exempt the holder of a connection to the Internet simply from liability, pointing to the potential access of family members to connection. The European court of justice (ECJ) ruled on Thursday, in the case of a man whose connection an audio book of the publishing house Bastei Lübbe for Download.
The owner denies that it was he, and argues that his parents would have had access to the port. According to German case-law must be given, because of the protection of marriage and the family, no information on use by members. In this respect, would be not clear who had violated the copyright. The regional court of Munich referred the case to Luxembourg for an interpretation of the EU regulations asked.
The ECJ stressed in its judgment that there had to be a balance between different fundamental rights. "such a balance is missing, if the family members of the owner of an Internet connection, committed the copyright infringement by file-sharing, a quasi-absolute protection is granted", decided by the judges. If a national court could not require the evidence to family members and make the identification of a perpetrator is impossible, would be adversely affected by the copyright owner entitled to the fundamental rights of intellectual property.
you can read here: file-sharing: How to recognize the illegal party and which sites to avoid
In the FOCUS Online/Wochit Backup-conversion is imminent – the users must note urgently Best offer on BestCheck.de cvh/dpa/AFP file sharing ECJ judgment