The CJEU also adopted a broad and flexible interpretation of 'communication to the public' in Stichting Brein v Ziggo, a case concerning the infamous file-sharing website The Pirate Bay. Despite the copyright works in question not being hosted by The Pirate Bay itself (they were shared by its users), the CJEU decided that, by making available and managing an online sharing platform, it was intervening with full knowledge of the consequences of its conduct, to provide access to copyright protected works.
It was evident that the operators of The Pirate Bay took an active role in operating the site, beyond the mere provision of facilities to enable or make a communication, by indexing and categorising protected content, providing a search engine facility and by actively managing the content available. Other key findings were that the operators could not be unaware that their site was providing access to protected content, and that the site plainly existed for the purpose of obtaining a profit.
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