• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

OLG Cologne: Cloudflare liable as perpetrator

9. November 2023
in Law on the Internet
Reading Time: 3 mins read
0 0
A A
0
olg koeln cloudflare haftet als taeter
Key Facts
  • The Higher Regional Court of Cologne has redefined the liability of service providers under copyright law, in particular for Cloudflare.
  • Liability is classified as perpetrator liability over and above fault-based liability, which increases Cloudflare's responsibility.
  • Courts can impose liability if service providers do not actively take action against copyright infringements.
  • A comparison with Quad9 shows that other providers are also held liable for access to illegal content.
  • Current legislation requires service providers to redefine their role in the digital space.
  • The future handling by the BGH could influence the dynamics of digital change.
  • The decision calls on service providers to take proactive steps to prevent copyright infringements.

Introduction

Content Hide
1. Introduction
2. History of the procedure
3. Legal assessment and signal effect
4. Challenges for the industry
5. Conclusion
5.1. Author: Marian Härtel

In a landmark decision, the Cologne Higher Regional Court has recalibrated the liability of service providers in the area of copyright law. The focus is on Cloudflare, a provider that has also enabled access to copyrighted content through its services. The court’s finding of perpetrator liability for copyright infringements could set a precedent with far-reaching consequences for the entire industry.

History of the procedure

The roots of the case go back to the closure of platforms such as DDL Music, which made copyrighted music available without the permission of the rights holders. Cloudflare, the service provider that granted anonymity to these platforms, was subsequently prosecuted by the rights holders.

Cloudflare has already been ordered to cease and desist in the preliminary injunction proceedings, as the company had not taken sufficient action against the copyright infringements. The main proceedings not only confirmed this view, but also extended it: Cloudflare is now held liable as a perpetrator beyond the liability for interference. This implies Cloudflare’s active participation in the infringements and represents a significant tightening of the previous legal interpretation.

Legal assessment and signal effect

The decision of the Higher Regional Court of Cologne sends a clear signal: Courts are prepared to extend the liability of service providers if they do not actively take action against copyright infringements. This is in contrast to previous rulings, in which liability usually only arose after knowledge of legal infringements and a lack of reaction.

Comparison with the case law on Quad9 A comparison with the case law on the DNS resolver Quad9 shows a converging trend: liability was also established here because the service did not prevent access to illegal content. This ruling emphasizes the courts’ expectation of technical service providers to take an active role in preventing copyright infringements.

Challenges for the industry

The latest court rulings confront the entire industry with fundamental challenges: Service providers are faced with the task of redefining their role in the digital space and possibly rethinking their business models. The times when a neutral positioning as a pure infrastructure provider was sufficient to avoid liability seem to be over. The responsibility of service providers is being reassessed and they are expected to actively contribute to the prevention of copyright infringements.

This development also raises questions that go far beyond individual cases. The focus is particularly on how the Federal Court of Justice (BGH) will handle similar cases in the future. Although the Federal Court of Justice has already ruled on perpetrator liability for sharehosting platforms, the dynamics of digital change and the complexity of technologies could lead to an ongoing review and adaptation of case law. Should Cloudflare take the route of an appeal against denial of leave to appeal, this could not only result in a new legal assessment, but could also further develop legal practice in this area. We know from our own experience that even established rulings of the BGH can be subject to change over time. Against this background, the further development of case law on copyright infringements on the Internet remains an exciting and important field that should be followed with interest and caution by all market participants and legal observers alike.

For a more in-depth look at the case law in the Quad9 case and its implications for the industry, please refer to the article DNS resolvers as perpetrators of copyright infringement on my blog.

Conclusion

The decision of the Higher Regional Court of Cologne marks a turning point and calls on service providers to take responsibility and take proactive steps to prevent copyright infringements. How the legal situation will develop remains an exciting question that the industry will continue to follow closely.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: Appeal against non-admissionBghBlogCase lawCologne Higher Regional CourtCopyright infringementCustomizationDevelopmentDisturbing liabilityEntscheidungenFederal courtHaftunginternetJudgmentolgReview

Weitere spannende Blogposts

Copyright & computer games: What rules really apply?

Copyright & computer games: What rules really apply?
19. December 2022

The following list is intended to provide a brief overview of the main points of copyright in computer games. It...

Read moreDetails

Designation as “Gollum” is an insult

New info on the status of the State Media Treaty
28. November 2022

As a self-confessed "Lord of the Rings" fan, I simply had to post a blog article on a recent decision...

Read moreDetails

What will change in the new Youth Media Protection State Treaty?

Streamers and airtime restrictions? KJM declares JusProg ineffective
16. December 2019

Together with the new media state treaty, there will also be some changes in the Youth Media Protection State Treaty...

Read moreDetails

Operator of a crowdworking platform is not to be regarded as an employer

Operator of a crowdworking platform is not to be regarded as an employer
6. December 2019

The Regional Labour Court of Munich has ruled that an agreement between a so-called crowdworker and the operator of an...

Read moreDetails

AI can do more, where else is it going?

What is the Artificial Intelligence Act?
17. January 2023

In the last few weeks, I've been getting more and more involved with AI and what else SaaS platforms can...

Read moreDetails

Regulation on requirements for electronic securities registers entered into force at the end of October.

Regulation on requirements for electronic securities registers entered into force at the end of October.
1. December 2022

The Ordinance on Requirements for Electronic Securities Registries (eWpRV) specifies the requirements for maintaining electronic securities registries under the Electronic...

Read moreDetails

Building sustainable trust with professional contracts

Building sustainable trust with professional contracts
14. March 2023

Trust is a central factor in any business relationship. With professional contracts, companies can build sustainable trust between themselves and...

Read moreDetails

Guide: Advertising labelling in social media offers

Guide: Advertising labelling in social media offers
24. April 2019

Now I have already written many times about the topic of influencers, separation bids or advertising labels in the blog...

Read moreDetails

Digitization in medium-sized businesses: opportunities and legal hurdles

Digitization in medium-sized businesses: opportunities and legal hurdles
4. September 2023

Introduction Digitization has become a central topic in business in recent years, which is also manifested in the increasing number...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

AI in law: opportunities, risks and regulation – the IT Media Law Podcast Episode 3

24. September 2024

Welcome to the third episode of our podcast "IT Media Law"! In this episode, we delve into the fascinating world...

Read moreDetails
7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025
052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024
Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025
d00527fd01b1f807a4f80c0f202069e7

Legal basics for startup founders – how to start on the safe side!

9. November 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung