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The Advocate General assessed the concept of “names and addresses” in Article 8(2)(a) Directive 2004/48 which is not defined in that directive and has been implemented in the § 101(3)(1) of the German Law on Copyright (Urheberrechtsgesetz). (2) If the answer to Question 1(c) is in the affirmative:ĭoes the information to be provided under Article 8(2)(a) of Directive also cover the IP address that a user, who has previously uploaded infringing files, last used to access his or her Google/YouTube user account, together with the precise point in time at which access took place, irrespective of whether any infringement was committed when that account was last accessed?" The opinion of the Advocate General (c) the IP addresses used by service users to upload infringing files, together with the precise point in time at which such uploading took place? (b) the telephone numbers of service users and/or (a) the email addresses of service users and/or "(1) Do the addresses of the producers, manufacturers, distributors, suppliers and other previous holders of the goods or services, as well as the intended wholesalers and retailers, mentioned in Article 8(2)(a) of Directive and covered, as appropriate, by the information referred to in Article 8(1) of directive, also include After another appeal (on a point of law), the Bundesgerichtshof (Federal Court of Justice) referred the following questions to the Court for a preliminary ruling: On appeal, the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main, Germany) ordered YouTube and Google to provide the email addresses of the users concerned, only. The Landgericht Frankfurt am Main (Regional Court, Frankfurt am Main, Germany) rejected Constantin Film Verleih’s information request. the IP address last used by the user to access his or her Google/YouTube account, together with the precise point in time at which that access took place.the IP address used by the user to upload the files at issue, together with the precise point in time at which such uploading took place, and.Constantin Film Verleih demanded that YouTube and Google provide it with information regarding the intelectual property infringers, namely Between the June 2013 and September 2014, the films Parker and S cary Movie 5 were posted online on the YouTube platform without Constantin Film Verleih’s consent.
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(“Google”), both established in the United States, to provide certain information with regard to users who have uploaded several films online in breach of Constantin Film Verleih’s exclusive exploitation rights. The underlying dispute concerns the refusal of YouTube LLC (“YouTube”) and its parent company Google Inc.