Online Sharing Platforms and Copyright Protection – The Czech Unfair Competition Law Approach as a Possible Role Model?

Abstract This paper examines pirate platforms for online content sharing from the perspective of unfair competition law, focusing on Czech court practices within the EU-harmonised copyright framework. It identifies unfair competition law as an effective tool, in defined circumstances, for holding operators accountable for copyright infringement and examines the conditions for its concurrent application alongside copyright law. The article outlines criteria for classifying a platform as a “pirate” and the conditions under which operators act unlawfully. It analyses the general clause of unfair competition and relevant judicial circumstances, emphasising case-law from Czech courts and the Court of Justice of the European Union. A key theme is the inconsistency in Czech judicial decisions regarding unfair competition claims. The paper also discusses alternative forms of protection for copyright holders, such as website blocking. Additionally, it compares Czech practices with those of selected European courts, highlighting shortcomings in Czech decision-making. The conclusion addresses tactics used by operators of pirate platforms to evade legal obligations and defines clear boundaries. Overall, the paper provides insights into the intersection of copyright protection and unfair competition law in online content sharing within a highly harmonised EU setting.