BOEHMERT & BOEHMERT partner Dr Martin Schaefer has made a contribution to the English language journal European Intellectual Property Review (10/2016, p. 633-638) entitled “ISP Liability for Blocking Access to Third-Party Infringing Content” . In the article, Dr Schaefer gives an overview of developments and the current state of jurisprudence in relation to the blocking of websites by internet service providers (ISP) on grounds of contents which infringe third-party copyright. In Germany, the “Goldesel” case (Liability for Interference of Access Provider) decided by the Federal Supreme Court on 26 November 2015 is the lead case here. Dr Schaefer comments here: „The Goldesel decision of the German BHG has paved the way to a sensible website blocking possibility in accordance with art.8(3) Info Directive, using the concept of Störerhaftung as a basis.“ Dr Martin Schaefer fought the case at first instance.
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