Document type
Court Decision
Country
Holding that if the right holder did not exhaust her obligations to notify an intermediary providing referring services vis-a vis take-down notices, and that there is no evidence to suggest that the intermediary knows or should know that the material he has linked to is infringing, the rightholder cannot maintain a secondary liability claim against the intermediary.
Country
Year
2006
Topic, claim, or defense
General or Non-Specified
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
General or Non-Specified
Issues addressed
Trigger for OSP obligations
Notice Formalities
Type of law
Civil
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)