|Britt Dekker for Playboy|
- Article 3(1) of the InfoSoc Directive must be interpreted as meaning that the provision on a website of a hyperlink to another website operated by a third party, which is accessible to the general internet public and on which works protected by copyright are made available to the public, without the authorisation of the copyright holder constitutes an act of communication to the public.
- The fact that the person who posts the hyperlink to a website is or ought to be aware of the lack of consent by the copyright holder for the initial communication of the works on that website is important for the purpose of Article 3(1) of this directive.
- The fact that a hyperlink has facilitated access to the works in question is relevant in accordance with Article 3(1) of this directive.
|No need to ask first|
|The Svensson decision |
as summarised by the AG
- sue the person who effected the initial communication to the public without his authorisation. The AG however conceded that "as that person is unknown in this case, such proceedings hold no real interest for the copyright holder" [para 81]; or
- seek an injunction pursuant to Article 8(3) of the InfoSoc Directive and the third sentence of Article 11 of the Enforcement Directive against operators of websites such as Filefactory.com and Imageshack.us which act as intermediaries within the meaning of those provisions, since their services are likely to be used by users of such websites to infringe intellectual property rights [paras 82 ff].