Abstract and Keywords
This chapter discusses one of the most relevant developments in respect of online intermediaries, that is their direct (primary)—rather than just secondary—liability in relation to user activities, including user-uploaded content. The Court of Justice of the European Union (CJEU) has expressly envisaged the possibility of direct liability for copyright infringement in the context of its increasingly expansive case law on the right of communication to the public within Article 3(1) of Directive 2001/29, including the 2017 decision in C-610/15 Stichting Brein (The Pirate Bay case). This chapter explains how the CJEU has come to consider the possibility of direct liability of intermediaries in relation to user activities and undertakes a reflection on the implications of said approach, also including the possibility of extending the reasoning in Stichting Brein to less egregious scenarios than the Pirate Bay.
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