The question of what information video platforms such as YouTube have to help with the prosecution of copyright infringements becomes a case for the European Court of Justice (ECJ). The Federal Court of Justice (BGH) in Karlsruhe asks for advice from the film distributor Constantin the Luxembourg colleagues for advice and suspended the proceedings on Thursday.
The users responsible for the copyright infringement usually hide behind fantasy names on YouTube - and unlike in file sharing, they do not visibly leave their IP address. More about them so learns only the operator.
A provision added to the Copyright Act in 1990 requires operators to provide "name and address". Both claims YouTube is in cases that had landed in the Federal Court, according to their own information. The film distributor Constantin therefore wanted to know the e-mail addresses and telephone numbers of three users who put the films "Parker" and "Scary Movie 5" on YouTube in 2013 and 2014. Constantin also wanted to know which IP addresses were used.
It is disputed whether this is covered by the wording in the law. EU Directive 2004/48 / EC (here in PDF format, Article 8 (2) (a)) refers to "names and addresses". The ECJ should now clarify what this includes.
Phone numbers for longer uploads
At the hearing in November, the BGH judges suggested that an address probably meant the e-mail address today. For the other data, they seemed rather skeptical.
The Higher Regional Court of Frankfurt am Main had decided in the lower court that YouTube only has to give out the e-mail addresses, but not telephone numbers and IP addresses. The video portal sought before the BGH a complete rejection of the lawsuit, the film-making company wanted to get more information.
YouTube requires users to provide their phone number to verify their account. Only after such a confirmation, they can upload videos that are longer than 15 minutes. To register an account, an e-mail address is needed.