The video platform YouTube most likely does not have to enable the tracking of illegal uploads by disclosing user data such as email address, telephone number or IP address. This became apparent on Thursday in a hearing at the Federal Court of Justice (BGH) in Karlsruhe. The verdict is due to be announced in the next few weeks or months. (Ref. I ZR 153 / 17)

Compensation for film uploads The film distributor Constantin has sued. He wants compensation from three users who 2013 and 2014 had set the movies “Parker” and “Scary Movie 5” on YouTube. There they were accessed thousands of times. But those responsible hide behind aliases. And unlike in Internet file sharing networks, users on platforms such as YouTube do not leave their IP address visible.

A 1990 provision added to the older copyright law but only obliges the operator to provide “name and address”. The underlying EU directive only speaks of “names and addresses”. That doesn’t help film companies like Constantin.

The BGH judges are actually of the opinion that nowadays this could also mean e-mail addresses and even telephone numbers – After all, people also write messages via their smartphones. The European Court of Justice (ECJ), to which they submitted the case, has since ruled that out. The outcome is thus mapped out. The Senate is bound by what the legislature wanted, said the presiding judge Thomas Koch.

Problem no longer relevant Constantin’s lawyer criticized that the right to information would not be valid. YouTube know wede