• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Kurzberatung
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
  • 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

Blockchain strategy of the German government: an insight into the legal aspects

Startup financing through tokenized profit participation rights and related financing options.
31. May 2023

Introduction: It has been a while since the German government published its position paper on blockchain strategy. This document, which...

Read moreDetails

Attention: Homepage 2.0

Some news about ITMediaLaw.com
7. November 2022

I'm currently working on a lot of background work for an update to the site, which will be joined in...

Read moreDetails

Membership in an online forum may not be terminated “just like that

Membership in an online forum may not be terminated “just like that
7. November 2022

The current Corona crisis means that news about judgments and other developments in IT law are also becoming scarcer. Every...

Read moreDetails

News about esports, streamers and influencers

News about esports, streamers and influencers
9. July 2019

In the meantime, a large amount of information for esports teams, esports players, streamers and influencers have come together on...

Read moreDetails

GmbH capital contribution can be used for business purposes!

GmbH capital contribution can be used for business purposes!
7. November 2022

Again and again one hears of errors that founders are set up by Google research and the like. One of...

Read moreDetails

Cloudflare liable for copyright infringement

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

In a decision from October last year, the Higher Regional Court of Cologne obliged the provider Cloudflare, which many website...

Read moreDetails

YouTube is only liable under Art. 6 DSA if the infringement is reported with sufficient specificity

YouTube: What to do about copyright extortion?
26. August 2024

The Digital Services Act (DSA) is an EU law that aims to control and restrict the distribution of illegal content...

Read moreDetails

File sharing: No relief as a mother

File sharing and instruction by parents
7. November 2022

On August 20, 2019, the Munich Local Court ordered the defendant wife and mother from Starnberg to pay damages in...

Read moreDetails

Esport Teams & Streamer: What is part of a sponsorship agreement?

Terms and Conditions and Prohibited Clauses
10. December 2019

I regularly receive sponsorship agreements from clients with which companies or advertisers want to engage with esports teams or enter...

Read moreDetails
Modding in EULAs and contracts – what applies legally in Germany?
Law and computer games

Modding in EULAs and contracts – what applies legally in Germany?

8. September 2025

Mods add new content to video games, improve graphics or add completely new ways of playing. Hardly any major PC...

Read moreDetails
Arbitration agreements in EULAs and developer contracts

Arbitration agreements in EULAs and developer contracts

7. September 2025
Chain of title in game development: building a clean chain of rights

Chain of title in game development: building a clean chain of rights

6. September 2025
Fail-fast clauses in media productions – what are they actually?

Fail-fast clauses in media productions – what are they actually?

5. September 2025
Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

12. August 2025

Podcastfolge

052c2ca5ca0421f0316b42073ce61791

Innovative business models – risk and opportunity at the same time

10. September 2024

In this exciting episode of our podcast, we take a deep dive into the world of innovative business models. Our...

Read moreDetails
9e9bbb286e0d24cb5ca04eccc9b0c902

Legal challenges of innovative business models

1. October 2024
8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024
c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024
86fe194b0c4a43e7aef2a4773b88c2c4

On the dark side? A lawyer in the field of tension of innovative start-ups

26. September 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

Willkommen im ITMediaLaw Shop. Beachten Sie auch die Bundle Angebote. Dismiss

  • 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