Pelíšky and five other Czech films will disappear from the Uloz.to server
Dilia represents authors and other copyright holders. In addition to Pelíšek, the verdict concerns the images of Cobra and the Snake, Closely Watched Trains, The Village Has Centers and Fairy Tales With Devils Are Not Jokes and Baton, Out of the Bag. The server for uploading, sharing and downloading Ulož.to files must ensure, within 60 days of the judgment becoming final, that the public cannot download files with the names of these films in the specific formats specified by the court in the verdict - for example avi or mp4.
It will not be possible to download Pelíšky and five other Czech films from the Uloz.to server, the Prague High Court ruled, which upheld the lawsuit filed by the Dilia agency. The server's lawyer told reporters after the meeting that the verdict could have a negative precedent and impact on internet freedom. Ulož.to subsequently issued a statement that it would file an appeal to the Supreme Court. According to the agency's lawyer, Dilia wanted to send a report that the films were on the server illegally.
The Chairman of the Board of Appeal, Roman Horáček, emphasized that a similar obligation could be imposed in the future only in cases where copyright infringement was found in specific works. He rejected the agency's request for a more general ban on copyrighted works on the site. According to him, it would be inadmissible to impose on the server the obligation to check the content of files uploaded to it by users.
Dilia's lawyer Rudolf Leška stated in court that Uloz.to operates its service illegally and infringes copyright when it allows searching for files by their name and format.
He said, the defendant's business model (Uloz.to) is based on piracy. Anyone looking for a movie or music can go to the service and pay for a faster download. Defendant has most of his income from rewards for faster downloads, the rest from advertising.
The lawyer of the server, Jan Krabec, strongly denied that the activities of Uloz.to were in conflict with any legal regulation. According to him, the original judgment of the Prague Municipal Court, against which both parties to the dispute appealed, exceeded the limits of the Czech legal system. He added that his confirmation may be the de facto end of the free internet. According to him, this is an interference with the right to freedom of expression and censorship.
The company Ulož.to cloud wrote in a statement sent that the court ruled in violation of national and European law. Nevertheless, she called the verdict a partial success.
The company said, the court has made it clear that removing content from cloud services has its limits, it must be clearly justified and it is not possible to impose general supervision on the provider.
She also expressed concern that the ruling would serve as an easy to use precedent against online platforms and that other plaintiffs might seek to misuse it to harass other searchable content services, including Facebook. She added that the operation of the Uloz.to service will not change.
The company concluded, we will continue to work with the Internet as a free space that no organization in the world can claim. At the same time, we are ready, within the framework of legal regulations, to continue to protect the data of our users.
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