This does not provide for much legal certainty particularly now because pursuant to Filmspeler even the sale of devices containing software linking to
unlawfully uploaded content can constitute an act of communication to the public if the seller knows about the infringing nature of these links.
Redress for injured parties could, for example, be sought directly from those who
unlawfully upload and link to unlawful
content, although this might be difficult or burdensome; or through injunctions against intermediaries who would be required to block access to such
content (an argument unsuccessfully made by AG Wathelet in GS Media, paras 80 - 87).