Jusletter IT

BGH – The First Civil Chamber, which is responsible for copyright, amongst other things, has dealt with the question if, in case of a copyright infringement due to file sharing, the information that the copyright holder obtained by the final customer-provider – who is not the network operator – is subject to an inadmissibility of evidence in the process against the subscriber. This is subject to the condition that a judicial permission under § 101 section 9 of the Copyright Act is given solely for the disclosure of the network operator, but not for the disclosure of the final customer-provider. (Judgement I ZR 193/16) (ah)