Gerechtshof Amsterdam [Court of Appeals Amsterdam], Civil law, Shareconnector v. Brein, ECLI:NL:GHAMS:2010:BL7920

Document type
Court Decision
The website operator in question had created a website that listed, verified and categorized hash codes that could be used to download copyright protected works on the e-Donkey peer-to-peer file sharing network. These hash codes identified the content of a digital file and could be used to download files available on the peer-to-peer network through peer-to-peer file sharing software. The Court of Appeals considered that the operator did not have digital files at its disposal, nor did the operator play a role in the transmission of files. The Court held that the operator was not liable for copyright infringement as the operator did not communicate copyright-protected works to the public. However, the operator was held liable under tort law for systematically and structurally facilitating the use and presumed uploading of copyrighted materials. 
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Appellate 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
General effect on immunity