Presumption Of Liability For Owners Of Internet Connections Used To Infringe Copyright

On 18 October 2018, the Court of Justice of the European Union (the "ECJ") held in case C-149/17, Bastei Lübbe GmbH & Co. KG v. Michael Strotzer, that national legislation cannot shield the owner of an internet connection that was used for copyright infringement from liability merely because that owner can name at least one other family member who might have had access to the internet connection.

The case resulted from a reference for a preliminary ruling from the Landgericht München I which asked the ECJ to find an appropriate balance between two conflicting rights, both of which are protected under the Charter of Fundamental Rights of the European Union (the "Charter"): (i) the right to copyright protection, which incorporates the need for effective enforcement; and (ii) the right to the protection of family life.

The main proceedings...