Austrian Court Says YouTube Is Liable for Copyright Infringement

Austrian Court Says YouTube Is Liable for Copyright Infringement

VIENNA, Austria — In a preliminary ruling that could have an enormous effect on online commerce in Europe, an Austrian court has ruled that YouTube is not a neutral host provider and must prevent third parties from uploading copyright infringing content.

The Commercial Court of Vienna, in a decision seeking monetary damages that can be appealed, held that YouTube “leaves the role of a neutral mediator” through interconnecting, sorting, linking, providing content tables with predefined categories, tracking the search behavior of users and making custom surfing suggestions.

If the ruling is upheld, it could have a major impact on not just YouTube but all other parties that host third-party content in Europe.

Online companies, including those in the adult entertainment industry that offer user-generated content in Europe, would have to comply and monitor sites or potentially face punitive damages if the decision stands.

The decision stems from a suit filed by Austrian TV channel Puls4 after it found copyright-protected content that was posted on YouTube.

In a rebuttal, YouTube argued that it operated solely as a host provider, and therefore fell under the provisions of the European Union's E-Commerce Act, which stipulates technical service providers are intermediaries and not liable for the content posted by their users.

But the court said that YouTube, because it includes such sorting, filtering and linking on its platform, can’t be considered a “neutral mediator.”

YouTube, in a statement issued today, said that it was analyzing the ruling and “holding all our options open, including appealing” it.

YouTube and Puls4 have one month to petition the Commercial Court of Vienna before it issues a binding ruling.

If the preliminary ruling stands, it is expected YouTube will appeal.

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

Irish PM Affirms Plan for UK-Style Ban on 'Extreme' Content

Ireland’s prime minister on Wednesday confirmed that his government is moving ahead with plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, which he hopes to see passed by early 2027.

UK Parliamentary Group Calls for Outlawing Cam Platforms

The U.K. Parliament’s All-Party Parliamentary Group (APPG) on Commercial Sexual Exploitation has published a report in which it calls for banning adult livestreaming platforms.

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Judge Preliminarily Approves Pornhub Class Action Settlement

A U.S. District Court judge on Monday granted preliminary approval to a settlement between Aylo and the plaintiffs in two class-action lawsuits over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Roald Riepen Steps Down as CEO of IMC

Roald Riepen, CEO of International Media Company (IMC), is stepping down.

Ofcom Sets Timeline for Enforcing 'Extreme' Content Rules

Before U.K. media regulator Ofcom begins enforcing new laws criminalizing certain “extreme” adult content online, it will first hold a consultation in early 2027, and then provide updated guidance for sites and platforms.

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

Show More