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In 2013, H33T.com, one of the Internet\u2019s most-visited torrent sites at the time, disappeared from the web.<\/p>\nIn 2013, H33T.com, one of the Internet\u2019s most-visited torrent sites at the time, disappeared from the web.<\/p>\n
The downtime was initially shrouded in mystery<\/a> but it later became clear that the site was at the center of a copyright infringement action.<\/p>\n In order to stop the distribution of a copy of Robin Thicke\u2019s album Blurred Lines, Universal Music had obtained an injunction<\/a> against Key-Systems, a German-based registrar where the H33t.com domain name was registered.<\/p>\n Key-Systems<\/a> wasn\u2019t happy with the ruling and the precedent it set but had no other option than to comply. However, the company did appeal the verdict and seven years later both sides are still fighting in court. <\/p>\n In 2018 the domain registrar suffered another setback<\/a>. On appeal, the Higher Regional Court of Saarbr\u00fccken ruled the injunction was proper and that even a single link can require the company to take down a domain. Unsatisfied with this decision, Key-System went to Germany\u2019s highest court whose verdict was just made public. <\/p>\n The order of the Federal Court of Justice can be seen as a victory for the registrar. While the court stressed that domain registrars can be held secondarily liable for pirate sites, this should only be used as a last resort.<\/p>\n \u201cUnlike the hosting provider who may save infringing data, the registrar only ensures the connection of an internet domain,\u201d the court writes, stressing that domain registrars are neutral service providers. <\/p>\n The court further noted that the rights of Universal Music should be carefully weighed against those of the domain registrar. Generally speaking, registrars have no obligation to monitor or police the activities of their customers. <\/p>\n \u201cWhen weighing up the fundamental rights involved, there is a risk that this results in a disproportionate burden on the registrar,\u201d the court writes, adding that registrar liability \u201cis the last resort if copyright protection cannot be effectively ensured in any other way.\u201d <\/p>\n In addition, the rights of the public at large shouldn\u2019t be ignored either. This means that overblocking should be prevented and copyright holders must show that a website is predominantly offering illegal content. <\/p>\n \u201cContrary to the opinion of the court of appeal, the fact that internet users are affected by the fundamental right to freedom of information cannot be ignored,\u201d the court notes. This means that one pirated link is not sufficient to take an entire site offline. <\/p>\n Universal Music already made it clear during the appeal that H33T.com was largely offering copyright-infringing material. However, the music company did not show that it tried to go after the operator or its hosting provider directly.<\/p>\n Without proof that Universal has taken legal action against the operator or the hosting company, Key-Systems can\u2019t be held liable. The Federal Court of Justice, therefore, decided to refer the matter back to the lower court to properly review this angle. <\/p>\n This is positive news for the domain registrar, for now, but the legal battle will continue. The Federal Court of Justice also left the door open for a further review at the European Court of Justice, should that be needed. <\/p>\n \u2014<\/em><\/p>\n A copy of the verdict, spotted by Tarnkappe<\/a>, is available here (in German)<\/a> <\/p>\n From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n\u2018Blurred Lines\u2019 Takedown<\/h2>\n
Domain Registrar Only Liable as Last Resort<\/h2>\n
Weighing Rights<\/h2>\n
Domain Registrar Isn\u2019t Liable Yet<\/h2>\n