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Leading Internet Case Law

COPYRIGHT: Right of communication: German Federal Supreme Court applies GS Media to internet search engines

Bundesgerichtshof, Case Ref.: I ZR 11/16, 21 September 2017

While the German Federal Supreme Court (‘BGH’) reasoning in the Thumbnails III case is yet to be published, the official press release reveals that the BGH transposed the hyperlinking-related decision in GS Media (C-160/15) to a search engine scenario, and went a step further by highlighting that, in respect of internet search engines, there is no room for a rebuttable presumption of copyright infringement.

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