Tag Archives: GEMA

Federal Court of Justice doesn’t Revoke Freedom-Related Decision

Some time ago, I have noted that almost all freedom-related supreme court decisions in Germany

[…] more or less read like: A wants to stop B from doing something. The LG and the OLG stay with A but the BGH finally confirms the freedom of B.

Today, it seems that an exception (I ZR 80/12) to this (undesirable, and – if accurate – frightening) rule was published [1].

In a lawsuit between the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) and the file hosting provider RapidShare the former acted as the plaintiff demanding the defendant to stop providing access to 4815 illegal copies of music recordings that have been uploaded by unidentified users to the servers of the defendant. The Federal Court of Justice of Germany (BGH) has confirmed the decisions of the Landgericht (LG) and Oberlandesgericht (OLG) Hamburg that obligated the defendant to cancel access to copies of the works enumerated by the plaintiff and take reasonable care that they won’t be uploaded again.

This decision is in line with Continue reading