1. If the business model of a file hosting service is not a priori designed for the infringement of rights, the fact that measures taken by the operator increase the risk of an infringing use of the service is to be taken into account in determining the extent of the monitoring obligations incumbent upon him as infringing party [citation omitted]. 2. If the specific business model of a file hosting service abets infringements of copyright to a significant extent, it can reasonably be expected to monitor extensively and regularly the collections of links that refer to its search service [citation omitted]. 3. The resulting monitoring obligations incumbent upon a co-liable party apply with respect to each work for which it has been informed that it clearly infringes rights; they are not reduced by the fact that it has been informed of a large number of infringements - in the present case the making of over 4,800 music titles accessible to the public.
展开▼
