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Court of Justice agrees—email, telephone and IP addresses are not ‘addresses’ under Enforcement Directive (Constantin Film v YouTube)

Published on: 09 July 2020
Published by: LexisPSL
  • Court of Justice agrees—email, telephone and IP addresses are not ‘addresses’ under Enforcement Directive (Constantin Film v YouTube)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

TMT analysis: The Court of Justice has decided that when a film is unlawfully uploaded onto an online platform, such as YouTube, the right holder may, under Article 8(2)(a) of the Enforcement Directive, require the operator to provide only the postal address of the user concerned, but not their email, IP address or telephone number. Member States do have the option to grant IP rights holders the right to receive fuller information, provided that a fair balance is struck between the various fundamental rights involved and compliance with the other general principles of EU law, such as the principle of proportionality. or take a trial to read the full analysis.

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