Based on the unprecedented judgment of the District Court in Krakow dated 21 May 2015 (IX GC 791/12), the famous Polish ISP chomikuj.pl (P2P hosting platform) has been obliged to perform periodical researches for potential copyright infringements of several Polish movie blockbusters. The court ordered Chomikuj.pl to search using an internet browser for results of a combination of words - “[name of the movie] + chomikuj.pl + movie” - leading to illegal content posted on chomikuj.pl website and delete it.
According to the respective provisions, in Poland ISPs are obliged to block and remove illegal files from their websites based on the “notice & takedown” procedure. Pursuant to Polish Act on Providing Services by Electronic Means, ISPs are not obliged to pro-actively monitor the content of their websites. The judgment creates a precedence and shifts the burden of copyright infringement prevention on third party – ISPs.
Due to the fact, that the judgment is not final, chomikuj.pl may appeal to the Appellate Court. As a result, the judgment is both widely supported and criticized by different groups, including lawyers, ISPs, and copyright holders. It also began an open discussion about a role of ISPs in the future of the copyright law.