(Non-)regulation of online platforms and internet intermediaries – the facts: Context and overview of the state of play

Abstract

The question whether the regulation of online platforms and internet intermediaries is sufficient is a dominant issue in today’s copyright debate. In the light of the vivid and rather persistent discussion about the liability of internet intermediaries,1 the numerous judgments handed down at the national and European levels as well as some (quite restrained) legislative endeavours over the past few years, it is legitimate to call the legal classification of intermediaries and online platforms one of the biggest challenges IP law faces regarding the internet.2 Given the most recent CJEU judgments McFadden, UPC Telekabel and GS Media, as well as the newly released Commission proposals, it seems an appropriate time to assess whether the current legal framework offers satisfactory solutions or to what extent and where precisely the call for a dedicated legislative regulation is still justified. This article aims to give a short survey sketching the broad framework that shapes the current legal landscape of internet intermediaries and platforms in the IP context, taking short glimpses at the underlying legislative framework, the current day-to-day situation, case law and the recent Commission proposals.3