Following on from its recent decision in Filmspeler (see the firm's previous e-bulletin here), the CJEU has handed down its judgment in Stichting Brein v Ziggo, C-610/15 (The Pirate Bay), concluding that operators of the online sharing platforms are making a 'communication to the public' within the meaning of the InfoSoc Directive, and hence an actionable infringement.

Quoting extensively from previous cases in this area, including Filmspeler, the CJEU summarised that it can be inferred that "as a rule, any act by which a user, with full knowledge of the relevant facts, provides its clients with access to protected works is liable to constitute an ‘act of communication’ for the purposes of Article 3(1) of [the InfoSoc] Directive."

In this case, the CJEU concluded that, the making available and management of an online peer-to-peer sharing platform went beyond 'mere provision' of physical facilities for enabling or making a communication and "must be considered to be an act of communication" for the purposes of Article 3(1) of the InfoSoc Directive.

For further details click here for the firm's full e-bulletin on the case.