BitTorrent loses again

a recent Lithuanian BitTorrent case and its impact on the construction of the e-commerce directive

Rita Matulionyte, Mindaugas Lankauskas

Research output: Contribution to journalArticle

Abstract

This article first discusses a recent Lithuanian BitTorrent case, Linkomanija, with its shortcomings and perspectives. It then compares the outcomes of the Lithuanian case with recent court practice in Scandinavian countries (the Swedish Pirate Bay and Finnish Finreactor cases). Finally, it poses some questions as to whether BitTorrent sites should be qualified as hosting services under Article 14 of the EU E-commerce Directive (2000/31/EC) and whether the application of the limited liability standard, as developed by the Court of Justice of the European Union, would be reasonable for BitTorrent file-sharing services in general.
Original languageEnglish
Pages (from-to)179-189
Number of pages11
JournalJournal of Intellectual Property, Information Technology, and Electronic Commerce Law
Volume4
Issue number3
Publication statusPublished - 2013
Externally publishedYes

Keywords

  • BitTorrent
  • file sharing
  • e-commerce directive
  • intermediary liability
  • internet service provider
  • hosting
  • Lithuania
  • Sweden
  • Finland
  • Linkomanija
  • Pirate Bay
  • Finreactor

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