Spanish YouTube decision
Sept. 24, 2010
9:26 a.m.
http://www.ecrans.fr/Droits-d-auteur-victoire,10898.html YouTube is a mere hoster, does not have to control videos before they are uploaded. This a Federal Court decision (in Madrid and not Barcelona as stated in Libération) thus of higher standing than the Italian and German first instance decisions to the opposite. Comment in English by Google: http://googlepolicyeurope.blogspot.com/2010/09/big-win-for-internet.html Note that the issue was made more complex by YouTube ContentID technology, that could be depicted by right holders as a form of control on contents. The Spanish Federal Court has decided that it was a mere TPM which Google offered right holders to put in place and thus not removing the mere hoster conduit. Philippe
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Philippe Aigrain