The court uses the phrase “an online marketplace, as controller” in key places. This suggest to me that there can be online marketplaces that are not data controllers.
The court cites several contributing factors to treat the platform as data controller: they reserved additional rights to upload content, they selected the ads to display. Github only claims limited rights in uploaded content, and I'm not sure if they have any editorialized (“algorithmic”) feeds where Github selects repository content for display. That may make it less likely that they would be considered data controllers. On the other hand, licensing their repository database for LLM training could make them liable if personal data ends up in models. I don't think that's necessarily a bad thing.
Github does include some small amount of algorithmic feeds in its recommendation engines. I have half-a-dozen projects "Recommended for you" on my github home page.
I doubt that is enough to trigger this ruling, but algorithmic content is absolutely pervasive these days.
The court uses the phrase “an online marketplace, as controller” in key places. This suggest to me that there can be online marketplaces that are not data controllers.
The court cites several contributing factors to treat the platform as data controller: they reserved additional rights to upload content, they selected the ads to display. Github only claims limited rights in uploaded content, and I'm not sure if they have any editorialized (“algorithmic”) feeds where Github selects repository content for display. That may make it less likely that they would be considered data controllers. On the other hand, licensing their repository database for LLM training could make them liable if personal data ends up in models. I don't think that's necessarily a bad thing.