Action vs. Chomikuj.pl portal

Action by a group of book publishers – represented by Wolters Kluwer – vs. the administrator of the Chomikuj.pl portal.

Action for the cessation of the infringement of author’s economic rights of group members by:

• prohibiting the defendant from using the file exchange system within the service;
• ordering the defendant, if the defendant has knowledge or credible knowledge that a particular work is being illegally distributed through the service to prevent access to all files on the service whose name contains the title of that work, except for the user who first placed the file on the service;
• ordering the defendant, if the defendant has knowledge or credible knowledge that a certain file contains a work unlawfully distributed through the service, to prevent access to all identical files, including a copy of that file, even if the name of the copy is not identical to the name of that file, to everyone except the user who first uploaded the file to the service;
• ordering the defendant to implement a file filtering system within three months of the date of the judgment becoming final and legally binding;
• publishing, at the defendant’s expense, within 14 days of the date of the judgment becoming final and legally binding, advertisements in the places and with the contents as described in the motion constituting an amendment to the claim;
• in the event that the defendant fails to comply with the obligations described above with respect to the publication of announcements of the content and timing indicated in the Court’s decision – authorizing the plaintiff, as the class representative, to publish the said announcements at the defendant’s expense and obliging the defendant to reimburse the plaintiff for the costs incurred by the plaintiff in this respect.

12 group members

Proceedings in phase III.