holding the defendant liable for hosting a third party gripe site and awarding 36,000 Euros in damages to plaintiffs; the defendant could not benefit from the hosting exemption as it was deemed to know about the defamatory contents of the gripe site; the defendant argued that, according to the language of the hosting exemption as transposed into Spanish law (art. 16 LSSICE), actual knowledge only exists when there has been a prior decision declaring the illegal nature of the third party contents; the court held instead that Art. 16 LSSICE must be construed openly, as otherwise it would unreasonably limit the possibilities of obtaining actual knowledge of the illegal content hosted and thus would not be in accordance with the eCommerce Directive.
holding the owner of an internet forum not liable for defamatory comments posted by users; the defendant was qualified for the hosting safe harbor and thus was exempted from liability.
holding the owner of an internet forum not liable for defamatory comments posted by users; the defendant qualified for the hosting safe harbor and thus was exempted from liability.
holding the owner of an internet forum not liable for defamatory comments posted by users; however, the defendant was enjoined from publishing similar comments in the future.
holding the owner of the satirical wiki, Frikipedia, liable for some defamatory remarks on the entry about SGAE; the court held the hosting safe harbor did not apply.
holding a blog owner guilty on account of defamatory comments sent by unidentified readers; the court of appeals held that the hosting safe harbor did not apply.