79If the mere fact that the use of a platform is necessary in order for the public to be able actually to enjoy the work, or the fact that it merely facilitated the enjoyment of that work, automatically resulted in the intervention of the platform operator being classified as an ‘act of communication’, any ‘provision of physical facilities for enabling or making a communication’ would constitute such an act, which is, however, what recital 27 of the Copyright Directive – which reproduces, in essence, the Agreed Statement Concerning Article 8 of the WCT – expressly precludes.
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