In its decision in 2010, the District Court of Madrid dismissed Telecinco’s claims, considering YouTube shielded from liability for UGCs on the basis of the Spanish Law 34/2002, which implemented the E-Commerce Directive 2000/31. Then, Telecinco appealed the first instance decision to the Madrid Court of Appeal on the basis of the three arguments that follow.
|A picturesque safe harbour in Alicante.|
|Fulvio's uploading (and YouTube doesn't know)|
|Understanding the safe harbour's rationale|
A *must-have* book on ISP liability in different jurisdictions of EU and beyond, edited by the Kat-friends Christopher Heath and Anselm Kamperman Sanders (and penned also by this Kat), here.