Challenging the balance

Once again the District Court of Hamburg shows a strange idea of "keeping the balance" between rightholders and ISPs. Ignoring the statutory safe harbour privileges by introducing a duty to monitor third parties websites (known for providing links to infringing content) the Hamburg Court ruled in favor of the GEMA (which collects fees for artists) in a law suit brought up against a host provider (summary judgement). The defendant hosted third parties' content and is obligated according to the decision of the court not only to take down infringing content after receiving notice by copyright owners but also to monitor by itself on own duty websites, newsgroups and other sources known for providing access to infringing content stored inter alia at its own servers. This decision raises significant ISP's risk of being liable for copyright infringement and introduces a incredible broad obligation to monitor infringing actions by searching the whole internet. (LG Hamburg, 308 O 458/10 03/02/11)