PT Journal
AU Matulionytė, R
   Mindaugas, L
TI Bittorent Loses Again: A Recent Lithuanian BitTorrent Case and What It Means for the Construction of the E-commerce Directive
SO JIPITEC
PY 2013
BP 179
EP 189
VL 4
IS 3
DE BitTorrent; E-commerce Directive; File Sharing; Finland; Finreactor; Hosting; Intermediary Liability; Internet Service Provider; Linkomanija; Lithuania; Pirate Bay; Sweden
AB This article first discusses a recent Lithuanian BitTorrent case, Linkomanija, with its shortcomings and perspectives. It then compares the outcomes of the Lithuanian case with recent court practice in Scandinavian countries (the Swedish Pirate Bay and Finnish Finreactor cases). Finally, it poses some questions as to whether BitTorrent sites should be qualified as hosting services under Article 14 of the EU E-commerce Directive (2000/31/EC) and whether the application of the limited liability standard, as developed by the Court of Justice of the European Union, would be reasonable for BitTorrent file-sharing services in general.
ER