The Liability system of Art. 17 DSMD and national implementation – contravening prohibition of general monitoring duties? Spindler Gerald The article deals with the complex liability system of Art. 17 DSM Directive, the famous “upload filter provision” in copyright law concerning content sharing platforms. The conflict between the prohibition of general monitoring obligations for platform providers derived from European fundamental rights by the CJEU and the obligations of providers are scrutinized. Moreover, possible options for national legislators in order to safeguard fundamental rights of users concerning freedom of speech (and copyright limitations) are discussed. Copyright liability Service Provider Single Market Directive extended collective licenses freedom of speech user generated content 340 periodical academic journal JIPITEC 10 3 2020 344 374 2190-3387 urn:nbn:de:0009-29-50413 http://nbn-resolving.de/urn:nbn:de:0009-29-50413 spindler2020