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The CJEU interpreted the concept broadly, including any transmission of a protected…
In Svensson, the Court classified hyperlinking as an act of communication, saying that the protected work was made available via the posted link.(82)…
In GS Media, the CJEU added some complementary criteria to its assessment of the act of communication. The Court take into consideration the hyperlinker’s intervention, which is indispensable for users’ access to the protected work, and the hyperlinker’s knowledge of the consequences of this act(85)…
The same approach was adopted in Filmspeler(92) and…
In Youtube, where the CJEU assessed activities of two hosting intermediaries, the Court clarified that uploading and making copyright-protected content available to the public(97)…
indexed metadata,…
provided a search engine,…
allowed peer-to-peer sharing of infringing content on their platforms,…
adopted proper technological measures to counter infringements (e.g., YouTube…
provided tools on their platforms to promote sharing,…
adopted a financial mechanism based on the spread of and access to an illegal…
to assess their contribution to the act.(102)…
Although the Court enlarged its list of criteria to examine whether the intervention…
