Abstract

Liability of entities providing electronic services which allow for active participation of users in developing and publishing contents has been a subject of debates and legal disputes for years. Internet still remains an area of many infringements of exclusive rights. It is a resultant of many factors, one of the most important of which are practically complicated rules for liability of users and operators. Waiting for a subsequent important judgment of the CJEU in the combined cases Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH (C-682/18) and Elsevier Inc. v Cyando AG (C–683/18), it is worth summing up the current position of national courts in this respect. The hitherto position of the national legislator and courts diverged from the rules laid down by EU laws. The article sums up key issues connected with the possibility of seeking protection of exclusive rights basing on a recent ruling of the Court of Appeals in Warsaw.