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Digital Business Lawyer

The ‘Dutch trilogy’ of piracy cases and the impact on the ‘value gap’ debate

The ‘Dutch trilogy’ of piracy cases and the impact on the ‘value gap’ debate In the latest decision in what could be called the ‘Dutch trilogy’ of referrals from the Dutch courts involving copyright infringement online, the Court of Justice of the European Union (‘CJEU’) has ruled on a case involving the infamous The Pirate Bay (‘TPB’) website, holding that the operation of a platform which allows users to locate and share copyright works, by indexing metadata relating to works and providing a search engine, constitutes copyright infringement. The contribution of the TPB case to EU case law in this area, alongside previous decisions in GS Media and Filmspeler, has developed a standard on whether a website communicates to the public. Ted Shapiro, Partner at Wiggin LLP,  discusses in detail the TPB case, its wider implications for online copyright, and what it means for the legislative debate around what is referred to as the ‘value gap.’

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