Document type
Court Decision
Country
The district court in Tel-Aviv ruled that the notice and take down procedure does not have a legal standing in Israel, therefore, the argument that the website should have operated on a notice and take down basis is wrong. The Court ruled that in the absence of knowledge, the ability to supervise the information on the website is in itself not sufficient to establish knowledge of infringement. In addition, the website did not fit the two exceptions established in ALIS v. Rotter, encouraging infringement or “forbidden forum”, therefore, the website was not liable under Contributory Liability.
Country
Year
2011
Topic, claim, or defense
General or Non-Specified
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)