In a preliminary judgment of 14 June 2017, Case C-610/15, the Court of Justice of the European Union (‘CJEU’) held that the making available and management of a peer-to-peer sharing platform may constitute a copyright infringement.

Facts of the case

In the underlying main proceedings before the Supreme Court of the Netherlands, Stichting Brein, a Dutch foundation which safeguards the interests of copyright holders, sued two internet access providers to block the domain names and IP addresses of a certain online platform called The Pirate Bay (‘TPB’), in order to prevent the services of the internet access providers from being used to infringe the copyright and related rights of the right holders.

Continue Reading CJEU: Operation of peer-to-peer sharing platform may qualify as copyright infringement