Internet service providers cannot be required by national courts to install filters that would prevent the illegal downloading of files, an EU court said today.
The ruling is a blow to artists who had sought to have their intellectual property rights protected.
“EU law precludes the imposition of an injunction by a national court which requires an internet service provider to install a filtering system with a view to preventing the illegal downloading of files,” the EU Court of Justice in Luxembourg said in a statement after today’s ruling.
SABAM, a Belgian company representing writers, composers and editors, established in 2004 that users of an internet service provider called Scarlet Extended SA were illegally transferring files.
A Belgian court last year sought the EU top tribunal’s guidance on whether forcing an ISP to stop illegal file sharing on its network is in line with the EU’s rules.
But the Court of Justice of the European Union ruled today that this would require monitoring of all electronic communications of all of Scarlet’s customers, infringing on their rights, and violated EU law.
The ruling may also have some impact in Ireland. In 2009, High Court judge Mr Justice Peter Charleton granted an injunction instructing Eircom to block controversial website Pirate Bay, which provides links to locations where copyrighted material such as music can be downloaded for free. Its activities have been the subject of numerous lawsuits.
The injunction was part of a settlement with record labels that saw the telecoms operator implement a "three strikes" rule that would see persistent file sharers cut off from its broadband service.
The Internet Providers Association of Ireland said the ruling set an "extremely important precedent" for ISPs, and would undoubtedly be seen as a landmark judgment.
"This outcome is of particular importance for us since the Department of Jobs, Enterprise and Innovation in June tabled wording for a statutory instrument which would purportedly bring Ireland into line with its European obligations under the copyright and e-commerce directives," the group said in a statement.
"The injunctions regime provided for in the broad wording of the proposal, however, could potentially encompass not only blocking but mass filtering obligations and furthermore, the eventual introduction of a graduated response system is not inconceivable in these conditions. Today’s ruling will certainly set limits on this."
by IslandBites 6 hours ago
The Supreme Court’s biggest decisions of the term are coming. I thought it'll be good to have one thread, kind of a tracker of the upcoming decisions.The high court has 10 opinions left to release over the next week before the justices begin their summer break.
by bettanywire 10 years ago
What is the fastest type of Internet Service?
by Sherri 14 years ago
I've sent three emails and a certified letter to a website owner who has stolen one of my Hubs, following the DMCA protocol to a T. (I got the vital stats and a postal address from Who Is.) All with no response from the website owner. My next move is to contact the ISP, who is clearly stated...
by Angie B Williams 3 months ago
Which State will be next to decide that their leaders and their State's Supreme Court are more mighty, more powerful than the U.S. Constitution and the Power, which, by design and by LAW, belongs with the American people? That's what this is.....right? A power trip? Let's be the one to outdo all...
by Mahmo 13 years ago
Is it easy for the Internet Service Provider to know the personal identity of particular subscriber?What I mean to say : Is it possible for the Internet service provider to invade the privacy and track the identity of a particular subscriber out of the subscriber's postings or browsing history when...
by Kenna McHugh 22 months ago
I agree with this ruling and appreciate Judge Clarence Thomas opinion on the Bill of Rights. https://www.nbcnews.com/politics/suprem … -rcna17721
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