Monday, November 28, 2011
European Court Of Justice Says ISPs Cannot Be Forced To Be Copyright Cops
EU law prohibits the imposition of an injunction by a national court that requires an Internet service provider to install a filtering system to prevent illegal downloading of files.
a term not to enforce the prohibition of imposing a duty of general supervision over the supplier, or the need to strike a balance between, on one hand, intellectual property law and other, free enterprise, the right to data protection and freedom to receive and impart information.
had mentioned that it was probably earlier this year when the Attorney General had recommended a sentence, and now the court has agreed. The case involved a fight between the Belgian anti-piracy organization / agency and SABAM Scarlet ISP charges. A Belgian court ruled that Scarlet had to implement a filter that magically end offense, or "standby" face. Of course it's an impossible request. The court decision states that the copyright holder may request a court order, but must "respect the limits" of legislation, including the prohibition of "general supervision of information" that goes on the network an ISP.
In this regard, the Court held that the injunction in question would require Scarlet to actively monitor all data on each client in order to prevent any violation of intellectual property rights. It follows that the ban would impose general supervision, which is incompatible with the Directive on electronic commerce. In addition, a term of not respecting the fundamental rights apply. 
The court also makes a good point. While intellectual property must be respected, there is nothing in the law says must be "absolutely protected" so that tramples on the rights of others. It seems that many supporters of strict copyright always seem to forget this point. They do not care about a lot of collateral damage 
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