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Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

Stoererhaftung’ merely provides for a cease and desist and removal obligation where a reasonable duty was breached. The plaintiff in “ uploaded II ” was a scientific publisher that held exclusive rights of making available to the public in medical books. The resulting conclusion in the BGH case law (e.g.,

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. The BGH stated in 2018 that when interpreting (contractual) cease and desist agreements in cases of doubt cease and desist obligation must be interpreted as meaning that its effect has the same scope as the statutory claim for injunctive relief.