The European Court of Justice examined a situation where a website was offering, without any consent, either a download or ‘streaming’ of the certain films. The main obligation in question was that Member States shall ensure that right holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.
It was taken into consideration that intermediaries in many cases, best placed to bring infringing activities to an end. The important note that the Court held is that an ISP, which allows its customers to access protected subject-matter made available to the public on the internet by a third party, is an intermediary whose services are used to infringe a copyright or related right. In other words the Court stated that ISPs should be deemed as intermediaries. Moreover, the measures adopted by the ISP must be strictly targeted, in the sense that they must serve to bring an end to a third party’s infringement of copyright or of a related right, but without affecting internet users who are using the provider’s services in order to lawfully access information.