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D E C I S I O N
C O P Y R I G H T L A W European Union
GS Media BV v. Sanoma Media Netherlands BV
Playboy Enterprises International Inc.
Britt Geertruida Dekker
Communication to the public; Hyperlinks; Financial gain; Illegal nature of online publication; Presumption of knowledge; Consent
Article 3(1) of Directive 2001/29/EC of the European Parliament and of the
Council of 22 May 2001 on the harmonization of certain aspects of copyright
and related rights in the information society must be interpreted as meaning
that, in order to establish whether the fact of posting, on a website, hyperlinks to
protected works, which are freely available on another website without the
consent of the copyright holder, constitutes a ‘communication to the public’
within the meaning of that provision, it is to be determined whether those links
are provided without the pursuit of financial gain by a person who did not know
or could not reasonably have known the illegal nature of the publication of those
works on that other website or whether, on the contrary, those links are
provided for such a purpose, a situation in which that knowledge must be
Available at http://curia.europa.eu.