Links to Pirated Playboy Pics Don't Infringe Copyright, E.U. Court Says

Links to Pirated Playboy Pics Don't Infringe Copyright, E.U. Court Says

LUXEMBOURG — Linking to a website where copyrighted photos have been posted without permission is not an act of infringement by the one who placed the link, the European Court of Justice's advocate general said in a new opinion.

The ruling involved the Dutch website GeenStijl.nl website, which provided a link to an Australian site showing pictures of TV personality Britt Dekker taken by the Dutch edition of Playboy magazine for its December 2011 edition. The Australian website did not have Playboy's authorization to do so.

Playboy Enterprises International sued, and the Dutch Supreme Court later asked the European Court of Justice to help it interpret E.U. copyright laws in the context of hyperlinking.

The European Court of Justice, which is expected to issue its formal decision in the case later this year, often follows the approach recommended by its advocate generals. 

In his ruling the European Court of Justice’s top legal adviser, Melchior Wathelet, said that “hyperlinks which lead, even directly, to protected works are not 'making them available' to the public when they are already freely accessible on another website, and only serve to facilitate their discovery."

Wathelet noted in his decision said that any other interpretation would considerably impede the functioning of the internet and would stifle the development of the information society in Europe.

“Although the circumstances at issue are particularly flagrant, the advocate general considers that, as a general rule, internet users lack the knowledge and the means to verify whether the initial communication to the public of a protected work freely available on the internet was done with or without the consent of the holder of the copyright,” Wathelet said in his ruling.

“If internet users risk liability for copyright infringement every time they place a hyperlink to works which are freely accessible on another internet site, they would be much more hesitant to post those links, to the detriment of the proper functioning and very architecture of the internet as well as the development of the information society.”

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Show More