Supreme Court Decision 2011Do1435

Document type
Court Decision
(1) In this decision, the Supreme Court clarified that the safe harbor under Article 102 of the Copyright Act (before it was amended by Act no. 8852 on 29 February 2008) also applies to criminal liabilities.
(2) The Supreme Court further explained the meaning of being “technically impossible” under Article 102(2). In this case, the defendants implemented filtering measures utilizing hash values and banned keyword lists. The Supreme Court found that those measures were not state of the art measures available and didn’t even work properly, and therefore the defendants cannot resort to the safe harbor under Article 102(2).
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
General or Non-Specified
OSP obligation considered
Monitor or Filter
Type of law
General effect on immunity
Weakens Immunity