Is Youtube a Copyright Infringer? The Liability of Internet Hosting Providers Under Spanish Law by Pedro Letai

Abstract: The working paper focuses on the current situation of Spanish legislation on Internet Service Providers liability, particularly dealing with the hosting service. It starts by presenting the Spanish liability system and the more salient peculiarities of the Spanish transposition of the safe harbors laid down in the E-Commerce Directive.These peculiarities relate to the actual knowledge requirement of the hosting safe harbor. The working paper focuses particularly on a judgment handed down by the Supreme Court that hold an open interpretation of actual knowledge, an issue where courts had so far been split. Very few cases have dealt with the actual knowledge and the hosting safe harbors, though the latter was discussed in an interesting scenario involving the worldwide known hosting service YouTube against the private national broadcasting channel Telecinco.

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