Euro court rules ISP filters illegal

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A topic from News & Current Affairs: Technology

laresSat 26/11/11 01:07

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"THE EUROPEAN UNION COURT OF JUSTICE has ruled that national court injunctions that require an internet service provider (ISP) to install a filtering system to prevent the illegal download of files are prohibited under EU law.

The ruling relates to a case where Belgian music firm SABAM obtained an injunction against ISP Scarlet Extended SA by the Brussels Court of First Instance over users illegally downloading songs over peer-to-peer networks.

The Court of Justice decided that intellectual property holders may apply for injunctions with national courts, but that these injunctions must comply with the limitations set out under EU law. It specifically cited the E-Commerce Directive, which states that national authorities must not adopt measures that would force an ISP to carry out general monitoring of information on its network.

This is particularly significant, given a UK High Court ruling last month that required BT to block access to file-sharing web site Newzbin2 and pay the full implementation costs of the block. After today's decision, however, BT could appeal to European Union courts."


"The British Phonographic Industry (BPI), which wants BT to block The Pirate Bay, does not believe it will make any difference to BT's case.

"The Court actually reconfirmed today that, under European law, injunctions can be ordered against ISPs in relation to both existing and future copyright infringements. Website blocking has already been established by the English High Court as being justified, proportionate and in accordance with that European law."

European courts might not agree with BPI's assessment, however. While the Court of Justice did acknowledge that injunctions are legal, it qualified this by saying they must still comply with EU law, which the Scarlet case clearly did not. As for BT, the jury is still out on that one."


http://1sq.me/uZFNAV

Thank goodness we have the European Court of Justice. Hopefully, BT will appeal to them.

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