No liability exemption for Google in Italian YouTube spat, EU court says
Court narrows intermediary exemption
"Google may be held liable for the YouTube videos of a content creator with whom it has a commercial partnership," the CJEU said.
Judges said online platforms could claim exemption from liability if they merely "act as an intermediary service provider carrying out a strictly technical, automated and passive activity, excluding any knowledge or control over the information which is transmitted or stored."
"That is not the case where an operator reviews, for the purpose of concluding a commercial partnership contract, the main theme of a video channel, that channel's most viewed videos or newest videos and the associated metadata," the CJEU said.
Google says it will seek further clarity
Google expressed its disappointment and added it wanted more clarity on the matter.
"We are disappointed by the CJEU's decision, which we will need further clarity on. We will raise our arguments before the Council of State," said a Google spokesperson.
