From Torrent Freak:

One of the key roles of the EU’s Court of Justice is to interpret European law to ensure that it’s applied in the same manner across all member states.

The Court is also called upon by national courts to clarify finer points of EU law to progress local cases with Europe-wide implications.

In recent years the Court was called upon to rule on several cases related to hyperlinking, in an effort to established whether links to other websites can be seen as copyright infringement.

Previously, it ruled that links to copyrighted works are not infringing if the copyright holder published them in public, and the same is true for embedding copyrighted videos.

But what if a link points to content that is not authorized by the copyright holder? Would this still be allowed? According to EU Advocate General Melchior Wathelet, it is.

In an advisory opinion to the EU Court of Justice, which will issue a final ruling later, the Advocate General reviewed a dispute between the Dutch weblog GeenStijl.nl and Playboy.

In October 2011, GeenStijl.nl published a post linking to leaked Playboy photos, which were hosted on the file-hosting service FileFactory.

Playboy publisher Sanoma successfully requested the removal of the photos at the hosting service, but in response GeenStijl continued to link to other public sources where they were still available.

The Dutch Court asked the EU Court of Justice to rule whether these links can be seen as a ‘communication to the public’ under Article 3(1) of the…

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