Supreme Court, Criminal Chamber, Youkioske.com, 920/2016

Document type
Court Decision
Country
Miquel
Peguera

Holding two webmasters of a website liable for criminal copyright infringement; the website would offer links to access, via streaming, scanned full versions of newspapers, magazines and books; the files were hosted somewhere else; the court found that the site was engaging in a communication to the public according to the criteria set out by the CJEU in Svensson; there was “new public” as the website allowed access to the contents of the print edition without the need of buying it; the Supreme Court upheld the first instance ruling handed down by the Audiencia Nacional.

Country
Year
2016
Topic, claim, or defense
Copyright
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Other
OSP obligation considered
Block or Remove
Type of law
Criminal
General effect on immunity
Weakens Immunity