file-sharing via one-click-hosting servers - legal qualification of download from och-server in czech law - legality of source copy - three-step-test - fair compensation for private copying - CJEU case C-467/08 SGAE v Padawan

"It is this interpretative potential of the three-step test that could provide for a possible way to better balancing of the interests of all three major involved groups. Currently, the exceptions to copyright are understood, especially by the “content intermediaries” as a necessary evil that must be interpreted as restrictively as possible. The three-step test is used as an instrument to further reduce the already relatively narrowly formulated exceptions to copyright. Either a restatement or a better interpretation of the test could achieve a better balancing of the interests of the involved parties and would allow for the needed flexibility of the copyright system, so that it could keep up with pace with the technological development." (M. Myska)