Mellanhänders ansvar vid upphosvrättsliga intrång - i ljuset av domstolsförelägganden och vissa grundläggande rättigheter

Sammanfattning: The development of information technology has had a two-fold effect and therefore it may be considered both a blessing and a curse. On the one hand, we see a large number of people for whom this development has facilitated them to do more in terms of their everyday life, on the other, we see authors and rightholders desperately seeking to look after their protected works and target infringers. The almost unlimited capabilities of information technology enables a very extensive unauthorized use of copyright works. Illegitimate file-sharing is now an industry which costs millions in lost profits for rightholders which is why the protection of intellectual property rights has been assigned a high priority statis by the legislature. These circumstances have led the legislature to develop increasingly effective remedies to target not only the infringers but also intermediaries, such as internet service providers. Rightholders are now in a position to request an injunction against such intermediaries whose services are used by third parties to infringe an intellectual property right. Over the past decade an increased number of intermediaries have been ordered to take measures through such injunctions, measures which are likely to violate the fundamental rights of both intermediaries and internet users. This has raised questions regarding the interpretation of the directives intended to strengthen the protection of intellectual property rights. Moreover, this has demonstrated a need to balance these rights against the fundamental rights. An analysis of both cases from the European Court of Justice and the doctrine that adresses the problems of injunctions reveals the requisites and principles underpinning such injunctions to be compatible with the EU law. It is true that authors and rightholders are in need of effective legal measures to target the infringers and prevent further infringement of their rights. However, since it has been shown that these legal actions sometimes violate the fundamental rights it is understood that the circumstances surrounding the procedure of an injunction, and the liability of intermediaries are very precarious and complex in nature.