Dissuasive outcomes for rightholders: examining recent Lithuanian copyright law cases under Directive 2004/48/EC

Abstract

This article examines two recent copyright law cases in Lithuania, where rightholders attempted to enforce their rights against online copyright pirates. These cases exposed essential limita- tions and difficulties in interpreting IP enforce- ment rules under Directive 2004/48/EC (IPRED) and the pertinent national copyright law. While the rightholders ultimately won both cases, the legal victories proved to be Pyrrhic. The courts delivered very restrictive interpretations of the substantive rules, which proved discouraging and disproportionately costly for any rightholder attempting to enforce their copyright against online infringers. This article examines the key rules of IPRED that relate to these cases and discusses how they were interpreted and applied by the judiciary. As a result, the limitations of these rules and inconsis- tencies in their interpretation by national courts become apparent. • The article highlights the urgent need for clarifi- cation of IP enforcement rules in the European Union, particularly focusing on the status, pur- pose and scope of the general obligation and the broad interpretation of IPRED. In the author’s opinion, this approach will efficiently align the national implementation of that directive with the evolving online piracy landscape, without neces- sitating major legislative reforms.