Glosa częściowo krytyczna do wyrok Sądu Apelacyjnego w Warszawie z dnia 29 sierpnia 2017 r. o sygn. VI ACa 600/16
Commentary partially critical to the judgement of the Court of Appeal in Warsaw of 29 August 2017, VI ACa 600/16

Summary/Abstract: The commentary concerns the judgment of the Court of Appeal in Warsaw of 29 August 2017, VI ACa 600/16 in which it was stated that "due to non-compliance with art. 64 ust. 1 and 2 in connection with art. 31 para. 3 in connection with art. 2 of the Constitution of the Republic of Poland, the application of art. 79 paragraph 1 point 3 lit. b.p.a.p.p. in the event of a culpable or inconsistent infringement of copyright, both in the amount of triple and twice of the relevant remuneration is excluded." Another interesting issue was the fact that the court admitted that the unauthorized dissemination of the work on the portal where copies of the work were earlier available for download did not cause any damage or even did not increase its size. In this commentary the author criticizes the first issue, demonstrating that it is contrary to the law (especially to the Constitution of the Republic of Poland) and the proper legal practice. Regarding the second thesis, the commentator approves this position and introduced further own arguments that suport this stand. For those reasons, this commentary is partially critical, while in the case of considerations regarding the absence of damage, the court's position deserves full author’s approval.

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