Facts of the caseīitTorrent (from Bit and torrent, from latin torrens) is a collaborative file sharing protocol, which is particularly suitable for the fast distribution of large amounts of data. Article 81 (1a) UrhG grants the infringed party a direct claim that is available irrespective of any legal proceedings brought against the direct infringer (no subsidiarity of the claim against the intermediary). According to Sec 19 ECG, claims to remedy infringements (including the right to cease and desist under Sec 81 UrhG) remain unaffected by the liability privilege.Ĥ. Although Sec 81 (1a) Austrian Copyright Act (" UrhG") acknowledges the liability privilege of Sec 13 et seq Austrian E-Commerce Act (" ECG"), an injunctive relief also exists in the privileged case when a warning preceded through which the intermediary was informed about the acts of infringement. An injunctive relief under copyright law also exists against intermediaries who contribute to an infringement of rights on the Internet.ģ. The provision and operation of a BitTorrent platform for the purpose of online file sharing is a "public reproduction" reserved for the authors.Ģ. The Austrian Supreme Court examines whether and how copyright infringements can be prevented by BitTorrent platforms where no protected works are stored but whose files serve as a guide to copyrighted works.
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