In a judgement of 22 June 2007 a French Court (the Tribunal de Grande Instance de Paris) has held that MySpace the social networking site cannot rely on the hosting exemption set out in the Electronic Commerce Directive and thus as publisher of infringing material is guilty of breach of copyright. The reasons for it being considered a publisher were twofold: firstly designated specific space is provided for users to present their material to a wider audience and secondly MySpace received revenue from advertisers each time a video was downloaded. This may potentially raise issues for universities and colleges as to where the line is drawn between merely 'hosting' material and 'publishing' it in development of their own Web 2.0 activities. For further information, see the Juriscom.net website.It's worth reading about "le buttock" on Juriscom.net.
In the absence of recent UK case law, for information on this aspect of the Electronic Commerce Directive see the JISC Legal website.