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 © 2025 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

Adult Networking Platform SpicyGigs.com Launches

SpicyGigs, a new adult industry networking platform, has officially launched.

Pineapple Support to Host 'Cream Pie Challenge' Fundraiser

Pineapple Support is hosting its Cream Pie Challenge through August to raise funds for mental health services for industry performers.

Kyrgyzstan President Signs Measure Outlawing Internet Porn

President Sadyr Japarov of Kyrgyzstan on Tuesday signed into law legislation outlawing online adult content in the country.

NC Legislature Overrides Veto of Extreme Anti-Adult Industry Bill

The North Carolina state legislature on Tuesday voted to override Gov. Josh Stein’s veto of a bill imposing regulations that industry observers have warned could push adult websites and platforms to ban most creators and content.

Report: VPN Downloads Soar in UK Following Age Verification Deadline

Virtual private network apps, which can be used to circumvent geo-specific age verification requirements, are topping Apple App Store downloads in the U.K. in the wake of new Online Safety Act rules, the BBC is reporting.

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

Show More