In a ruling dated February 23, 2017 (case no. 310 O 221/14), the Regional Court of Hamburg ordered a technical service provider of the streaming platform www.stream4u.tv – jointly and severally with the operator – to pay damages in the amount of jointly and severally with the operator – to pay damages in the amount of EUR 18,500.
According to the court, they illegally distributed the content of the pay TV channel Sky online via this streaming platform. The high amount of damages is the net profit from the operation of the illegal Sky streaming site.
Technical service provider also fully liable
Interestingly, the decision is (also) directed against the technical service provider. The latter had supplied the hardware required for distribution. At the same time, it had known that the hardware supplied was being used for the illegal distribution of Sky content. It was therefore jointly and severally liable with the operator of the Sky streaming platform for the full amount of damages.
Illegal Sky streaming service constitutes copyright infringement
The operation of the website interfered with the exclusive right to retransmit radio broadcasts. This also includes retransmission via the Internet by way of streaming, Sections 20, 20a UrhG. At the same time, an unlawful making available to the public pursuant to Section 19a UrhG had taken place.
The LG Hamburg further states that joint and several liability arises from the fact that the technical service provider is almost an accomplice. In any case, however, it was responsible as a participant and therefore liable to the same extent. According to Section 830 II BGB, instigators and accomplices are equivalent to accomplices.
Warning shot to all technical service providers
The decision should be a warning to all service providers who supply illegal streaming platforms with hardware, says Thomas Stahn (Director Anti-Piracy & Technology at Sky Deutschland).
As soon as the technical service provider is informed of the illegal use of its services, it must react immediately and cease its services. Otherwise, they are also fully liable for damages, regardless of whether or not they benefit from the illegal stream.