New CJEU reference on linking and streaming of unlawful content

The Midden-Nederland District Court (The Netherlands) has just referred questions on linking and streaming of unlawful content to the Court of Justice of the European Union (CJEU), namely:

1) Is providing hyperlinks to unlawful content an act of communication to the public?

"Must Article 3(1) of the InfoSoc Directive be interpreted to mean that “an act of communication to the public” within the meaning of that provision occurs if someone sells a product on which he has installed add-ons that contain hyperlinks to websites on which direct access is provided to copyright-protected works such as films, series and live broadcasts without the rightholders’ consent?

Is this different if

  • the copyright-protected works have not been previously disclosed to the public online at all or solely via a subscription with the rightholders’ consent?
  • the add-ons that contain hyperlinks to websites on which online access is provided to copyright-protected works without the rightholders’ consent are freely available and can also be installed on the media player by the users themselves?
  • the websites on which access is provided to copyright-protected works without the rightholders’ consent can also be located and accessed by the public without the media player?"

2) Is a temporary reproduction during the streaming of copyright-protected content, without the consent of the rightholder, to be considered unlawful?

"Must Article 5 of the Copyright Directive (Directive 2001/29/EC) be interpreted to mean that there is no “lawful use” within the meaning of the first paragraph at b of that provision, if a temporary reproduction is made by an end user during the streaming of a copyright-protected work from a website of a third party on which this copyright-protected work is offered without the consent of the rightholder(s)?

If the answer to this question is in the negative, is making a temporary reproduction by an end user during the streaming of a copyright-protected work from a website of a third party on which this copyright-protected work is offered without the consent of the rightholder(s) in breach of a the “three-step test” referred to in Article 5(5) of the Copyright Directive (Directive 2001/29/EC)?"

An English translation of the questions referred to the CJEU is available here: https://drive.google.com/file/d/0B6d07lh0nNGNYjJJcU0wTlZYYzA/view?pli=1