(1) This case involves unauthorized streaming and download of music recordings through the website Unidown. Five Israeli music record companies sued the owners of the website Unidown and several ISPs claiming that the website enables users to listen and download music recording copyrighted by them without authorization. The Website claimed that it merely functions as a “search engine” allowing users to listen to music recordings through youtube. (2) The District Court found that Unidown should be viewed as an infringing platform which enables the unauthorized download of copyrighted works in disguise of a “search engine”. The Judge claimed the problem is not with the technology but with the use been made of it. The court found with regard to the download function of Unidown, that the website enabled users through other...
In early April 2014, Charlton Ltd. filed a lawsuit in the Tel-Aviv district court against three major Israeli ISPs. Charlton is arguing that the ISPs have contributory liability with regard to streaming of sports events in which Charlton has copyrights. Charlton argues that the ISPs have the ability to easily monitor and prevent the infringement but choose not to act in that regard. Charlton is asking the court to instruct the ISPs to take down dozens of websites and reveal the identities of many users.
This case involves unauthorized streaming of live soccer games of the English Premier League. The Supreme Court suggests in dicta several possibilities to further establish Contributory Liability with regard to ISPs. Since no arguments were raised regarding Contributory Liability in this case, the discussion is merely illustrative. In this case the English Premier League requested that an ISP reveal the name of the person who infringed on its copyright. Justice Neal Hendel argued that direct liability against ISPs could be established through the duty of care found under Negligence, but Justice Hanan Melcer argued that Contributory Liability with regard to ISPs should be based on unjust enrichment. The Court concluded that since the argument of Contributory Liability was not raised in this case, no decision will be...
The proposed bill, which was first introduced in its original form in 2008, seeks to regulate e-commerce including the liability of ISPs, introducing a notice and take down safe harbor for ISPs. However, it currently seems as if the implementation prospects of the bill are quite low.
Influenced by the Supreme Court’s decision Hebrew University vs. Schocken, the district court in Tel-Aviv. The case involved a website which posted Links to copyrighted works which were posted without authorization. The Court examined the liability of the website for posting only the links and not the actual infringing works. The Court ruled that website could not be held directly liable for posting links to infringing works, as the posting of the links are not infringing on their own, therefore, there is no direct liability. The Court takes into consideration the recent Supreme Court decision Hebrew University vs. Schocken, and rules that in order to establish the element of actual knowledge of the infringement for Contributory Liability, there should be a notice and take down procedure. If intermediary operate a...
The district court in Tel-Aviv ruled that the notice and take down procedure does not have a legal standing in Israel, therefore, the argument that the website should have operated on a notice and take down basis is wrong. The Court ruled that in the absence of knowledge, the ability to supervise the information on the website is in itself not sufficient to establish knowledge of infringement. In addition, the website did not fit the two exceptions established in ALIS v. Rotter, encouraging infringement or “forbidden forum”, therefore, the website was not liable under Contributory Liability.