According to a press release by GEMA, it has enforced a claim for damages under copyright law against file hosting service “Uploaded” at Munich Regional Court I (08.10.2016, 21 O 6197/14).
File hosting services such as “Uploaded” offer their customers storage space for the uploading of files. Munich Regional Court I has now ruled that online services, whose business models are based on the massive infringement of copyrights, may be liable to pay compensation for damages, because these online services generate links to uploaded files, which are then used as publicly accessible link collections.
Munich Regional Court I considered this to be a service that forms a specific source of risk for copyright infringement. As an “aider” of making copyrighted content illegally accessible, “Uploaded” was therefore liable for damages. The decision is not yet final.
Claims for injunctive relief against file hosting services have already been the subject of court decisions in the past. If the most recent Munich judgment sets a precedent and courts presume award damages based on the service providers' fault, the business model of file hosting services is set to become legally ever more challenging.