Can YouTube be primarily liable for users' infringements?

Can YouTube be considered primarily responsible (and, therefore, potentially liable) for the making available of user-uploaded content through its platform? In other words: can YouTube be considered as directly making acts of communication to the public?

This is the crucial question Germany’s Federal Court of Justice (BGH) will need to address in a case (I ZR 140/15) that was heard last week. The decision is due on 13 September.

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