German court gives partial victory to GEMA in case against YouTube

May 2012


In a provisional victory for content owners a court in Hamburg on Friday ordered Google to install filters on its YouTube service in Germany to detect and stop people from gaining access to material for which they do not own the rights. The case was brought by German music collection society GEMA. The judge, Heiner Steeneck, agreed in his ruling that Google was not directly responsible for the uploaded material: YouTube will only liable for copyright infringing videos uploaded by its users where the portal does not follow certain control and behavioural duties. Only after the portal owners have been alerted of the copyright infringement will the duty to block the video without delay and to commit to measures that are suitable to prevent further right infringements. There was, however, no duty for YouTube to control and check all videos that had already been uploaded to the platform.

“This is a victory along the way to what will be a very important case,” Peter Hempel, a spokesman for GEMA, saying “This case, when it is eventually decided, will set a precedent for the legal responsibilities of online platform operators such as Google in Germany.” The judge rejected a request by GEMA that Google sort through its entire online music archive and purge its system of all copyrighted material. GEMA’s website was later attacked by activists and was offline for some time.

And how about this – perhaps Google should pull the plug on Germany? More here:,2817,2403403,00.asp

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