Supreme Court, Civil Chamber,, 172/2012

Document type
Court Decision
dismissing a copyright infringement claim brought by a website owner against Google; the Court of Appeals held that while Google’s acts of reproducing and making available a cached copy of the website were not covered by the caching or the linking safe harbor, nor by the temporary reproductions exemption, some general limits apply to copyright owners’ claims, such as the doctrines of abuse of right and the ius usus innocui — the right of using someone else’s property in a way that does not harm its owner; the applicability of those limits to copyright can be inferred from art. 40 of the Spanish Copyright Act, which enacts the “three step test”; the Supreme Court affirmed the court of appeals’ ruling, deeming the plaintiff’s claim an abuse of his right.
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Search Engine or Index
Cache Provider
Issues addressed
Trigger for OSP obligations
Type of law
General effect on immunity