ISP Cannot Be Forced To Block Copyright Infringing Files

An advisor to the European Court of Justice has said that an ISP involved in a long-running file-sharing dispute cannot be forced to block or filter copyright-infringing files at the behest of copyright holders. Such an action would amount to an invasion of customers’ privacy and violate rights guaranteed under EU law.

The dispute between music rights group SABAM and Internet provider Scarlet has been long-running and was initiated when the ISP was called Tiscali and under different ownership.

SABAM hoped that through aggressive legal action, funded by its paymasters in the international music industry, that it could force Scarlet to install filtering devices in its network to monitor customer communications and stop them if they attempt to send or receive copyrighted music.

In 2007 they succeeded, with the Brussels Court ruling that Scarlet should install the industry-approved Audible Magic music fingerprinting system. The ISP objected, saying that by spying on its customers it would be acting illegally. Adding insult to injury, Audible Magic did not perform meaning that Scarlet could not comply with the court order to stop all infringement with the tools it had been given. Continue reading…

Related Posts

Why We Need An Open Wireless Movement If you sometimes find yourself needing an open wireless network in order to check your email from a car, a street corner, or a park, you may have noti...
No double standards: supporting Google’s push for WebM We've signed up as a supporter of the WebM Project, and we encourage other foundations and organizations to join us—write to webmaster @@@ webmproj...
Supreme Court to Decide Standard for Proving Invalidity of a Patent Today the U.S. Supreme Court agreed to hear Microsoft’s appeal in a case that could make it easier to invalidate a patent. If successful, Microsoft...
No, iPhone location tracking isn’t harmless and here’s why It didn’t take long for the blogosphere to respond to research presented on Wednesday that detailed a file in Apple iPhones and iPads unknown to the v...
A general public license for seeds? “The same multinational corporations that are putting their proprietary, genetically modified plants into the environment and onto our tables are also...
An Introduction to the Federated Social Network Lately, EFF's work to protect rights and liberties in the online world has focused rather heavily on social networking sites and their policies. The...

We Recommend These Vendors and Free Offers

Launch an SSD VPS in Europe, USA, Asia & Australia on Vultr's KVM-based Cloud platform starting at $5:00/month (15 GB SSD, 768 MB of RAM).

Deploy an SSD Cloud server in 55 seconds on DigitalOcean. Built for developers and starting at $5:00/month (20 GB SSD, 512 MB of RAM).

Want to become an expert ethical hacker and penetration tester? Request your free video training course of Online Penetration Testing and Ethical Hacking

Whether you're new to Linux or are a Linux guru, you can learn a lot more about the Linux kernel by requesting your free ebook of Linux Kernel In A Nutshell.


Leave a Comment

Your email address will not be published. Required fields are marked *

*