0
Internet

Court finds in favour of YouTube in Telecinco copyright case

Tuesday 18 February 2014 | 16:08 CET | News

A Spanish court has once again ruled in favour of Google’s YouTube service in a copyright infringement claim brought by the TV channel Telecinco, owned by Mediaset Spain. Telecinco had appealed against the Madrid Mercantile Court's ruling of 2010, which absolved YouTube of the responsibility for hosting copyright-protected content from Telecinco's programming that users had uploaded on to the video platform. However, Telecinco's appeal has now been dismissed by Madrid's Provincial Appellate Court, which ruled that internet platforms cannot be compelled to supervise or control users' content.

The ruling also held that the general notices Telecinco sent YouTube or the presence of the TV channel’s logo on the infringing content do not render YouTube liable. The court added that, pursuant to article 15 of the EC’s Directive on Electronic Commerce, it cannot impose an obligation on YouTube to actively monitor the content hosted on the platform.

The decision basically confirms that YouTube is an intermediary service provider with a special liability regime that releases it from the obligation to monitor or actively filter the videos uploaded by users, an argument that can now be extended to other internet platforms and the extent to which they can be held liable for the content they host. 

Google continues to argue that it strongly opposes the uploading of copyright-protected content against its owners’ wishes, but that it needs to work together with rightholders to prevent such practices and cannot be required to do so alone.

Telecinco has vowed to take the matter to the Supreme Court via a cassation appeal, the last appeal possible under Spanish law, which could take a further two years or more to resolve.


Categories: Internet
Companies: Google / Mediaset / Telecinco / YouTube
Countries: Spain
::: add a comment

Add comment

We welcome comments that add value to the discussion. We attempt to block comments that use offensive language or appear to be spam, and our editors frequently review the comments to ensure they are appropriate. If you see a comment that you believe is inappropriate to the discussion, you can bring it to our attention by using the report abuse links. As the comments are written and submitted by visitors of the Telecompaper website, they in no way represent the opinion of Telecompaper.






69% of Telfort triple play packages are bought online
Netherlands  |  2014 Q2

Calendar   /   Industry Events

24 Oct Belgacom Q3 2014
24 Oct DNA Q3 2014
27 Oct Twitter Q3 2014
27 Oct Meru Networks Q3 2014
27 Oct Net Insight Q3 2014
27 Oct PMC-Sierra Q3 2014
27 Oct Ooredoo Q3 2014
27 Oct Telecoms Social Network Summit
28 Oct KPN Q3 2014
28 Oct Telio Q3 2014
28 Oct Harris Corporation Q1 2014/25
28 Oct Grameenphone Q3 2014
28 Oct Digital Realty Q3 2014
28 Oct Extreme Networks fiscal Q1
28 Oct T-Mobile US Q3 2014
28 Oct Facebook Q3 2014
28 Oct Internap Q3 2014
28 Oct Synchronoss Q3 2014
28 Oct Inphi Q3 2014
28 Oct Extreme Networks Q3 2014
28 Oct AppliedMicro Q3 2014
28 Oct WIFI World Summit
28 Oct Powering the Cloud
28 Oct Rich Communication 2014
29 Oct Telenor Q3 2014
29 Oct JDSU Q3 2014
29 Oct STMicroelectronics Q3 2014
29 Oct Arris Q3 2014
29 Oct Glu Mobile Q3 2014
29 Oct Myanmar Mobile Services
::: More Calendar Items