Germany's Ministry of Justice: Viewing Is Not a Copyright-Infringing Act

BERLIN — Germany's Ministry of Justice, in a judicial declaration yesterday, said that the mere viewing of a copyrighted video stream without permission is not in itself an act of copyright infringement.

The ministry's opinion comes in the wake of a Cologne federal court's decision to review a lower court ruling allowing German law firm Urmann and Colleagues to send as many as 30,000 letters to recipients asking them to settle and pay up for viewing videos on RedTube. The Cologne court said there were "considerable" doubts about the law firm's legal maneuvers.

After receiving the lower court's blessing, Urmann and Colleagues ordered users in Germany to pay €1,000 in compensation for streaming "pirated" videos on as well as legal fees of €150 and investigative costs of up to €250 for streaming movies such as  "Glamour Showgirls" and "Amanda's Secret" that were placed on RedTube.

RedTube, operated by adult entertainment conglomerate MindGeek, fought back, eventually winning an injunction to stop antipiracy lawsuit threats.

According to yesterday's Ministry of Justice’s ruling, the viewing of streamed content that is temporarily cached is legal, whereas downloading a movie stored on a hard drive for later viewing  and reproduction remains illegal.

The opinion by the Ministry of Justice, however, doesn't hold much weight because the question of streaming legality is one yet to be decided in Germany’s highest court.

The federal Ministry of Justice typically devotes itself to creating and changing law in the classic core areas related to Constitutional law.

“Whether the use of streaming offerings constitutes a reproduction or violates the rights of authors and holders of related rights has not yet been clarified by the Supreme Court,” the Ministry told Parliament yesterday.

And whatever the German Supreme Court eventually decides also might not be the last word. The definitive ruling will arrive from outside its borders at the European Court of Justice.

In other copyright infringement news coming out of Germany, the Supreme Court here further pared the legal responsibilities of Internet users when it ruled yesterday that parents are not liable if their adult children use the family Internet connection for file sharing.

The ruling follows a 2012 decision that held parents are not liable for their minor's file sharing, as long as they warned their child that unauthorized downloading and sharing of copyrighted material online is illegal and they were unaware their child violated this prohibition.

The owner of a broadband connection should be able to let his adult family members use the Internet without having to teach them first or monitor their behavior, the court said.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Master Nico Relaunches Site Through YourPaysitePartner

Master Nico has relaunched his official website through YourPaysitePartner (YPP).

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Pineapple Support to Host Wellness Sessions at Bucharest Summit

Pineapple Support is hosting free group and one-on-one therapy sessions at Bucharest Summit, June 3-5.

Pornhub Blocks Access in France in Response to SREN Law

Pornhub parent company Aylo has opted to block access to its sites in France rather than comply with age verification requirements under the country’s Security and Regulation of the Digital Space (SREN) law.

ASACP Highlights Study on Parental Controls

The Association of Sites Advocating Child Protection (ASACP) is highlighting the results of a study on the underutilization of parental controls.

Sydney Screams Launches New Site Through Grooby's Blue.xxx

Sydney Screams has launched her new membership site, SydneyScreams.xxx, through Grooby's website management company Blue.xxx.

Mistress Mystii Is LoyalFans' 'Featured Creator' for June

LoyalFans has named Mistress Mystii as its Featured Creator for June.

Show More