Constantin fails to unmask pirate

YouTube refuses to name German uploader

An injunction filed by Germany’s Constantin Film against YouTube demanding information as to the identity of a user who uploaded a significant portion of its hit tooner “Werner — eiskalt!” was dismissed Thursday by a Munich court.

Though Constantin was successful in obtaining the immediate removal of the offending file over the summer, it was thwarted in subsequent attempts to directly target the user, who it claims infringed on its copyright.

A decision by the regional appeals court in Munich stated that by law, YouTube was required to give out the name of its users only when a rights holder had suffered commercial damage as a result of the work’s presence on the platform. The court ruled that in this case, the damages were not considered significant enough.

A fast track to an appeal is not possible at present, pending a further examination by the court.

Constantin declined to comment until that time.

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