"It is undisputed that GS Media (which owns GreenStijl)provided the hyperlinks to the files containing the photos for profit and that Sanoma had not authorised the publication of those photos on the internet," the Luxembourg-based Court of Justice of the European Union (ECJ) said in a statement.
"When hyperlinks are posted for profit, it may be expected that the person who posted such a link should carry out the checks necessary to ensure that the work concerned is not illegally published.
The European Commission, the EU executive, is set next week to propose tougher rules on publishing copyrighted content, including a new exclusive right for news publishers to ask search engines like Google to pay to show snippets of their articles.
“When a person drives a car on a highway, he or she agrees to display a license plate,” Erik Barnett, an assistant deputy director at U.S. Immigration and Customs Enforcement and attache to the European Union at the Department of Homeland Security, wrote. “The license plate’s identifiers are ignored most of the time by law enforcement. Law enforcement will use the identifiers, though, to determine the driver’s identity if the car is involved in a legal infraction or otherwise becomes a matter of public interest. Similarly, should not every individual be required to display a ‘license plate’ on the digital super-highway?”
What is now proved was once only imagin'd. -- William Blake