City Court in Prague, First instance court, Civil, Share-rapid.cz, 31 C 72/2011-33, December 12, 2011

Document type
Court Decision
Country
The Court hold an operator of a cyberlocker liable for committing a copyright infringement. As the decision came in the form of the default judgment against the operator, the grounds for the decision were not given. The plaintiff, however, claimed direct copyright infringement, arguing that loosing of the hosting safe harbor leads to communication to the public. If the Court accepted this, or some other basis for liability, is not clear. The Court obliged the defendant to pay 536.000 Czech crowns (19.507 EUR) from the title of unjust enrichment by letting the users to download the work almost 14.000 times by its default judgment. The case was appealed, but was rejected on appeal on merely procedural grounds. see also eisionline blog; Martin Husovec, Case Note on the share-rapid.cz Case, 8 Revue pro právo a technologie (2013)
Country
Year
2011
Topic, claim, or defense
Copyright
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Host (Including Social Networks)
Type of law
Civil
General effect on immunity
Weakens Immunity