1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

piracy laws update

Discussion in 'Digital TV - UK & Europe' started by fintannl, Nov 24, 2011.

  1. fintannl

    fintannl Regular member

    Joined:
    Feb 11, 2009
    Messages:
    1,834
    Likes Received:
    7
    Trophy Points:
    48
    European Court of Justice rejects web piracy filter
    Code:
    http://www.bbc.co.uk/news/technology-15871961
    Blocking general access to peer-to-peer sites was ruled to be in breach of EU laws

    The European Court of Justice has ruled that content owners cannot ask ISPs to filter out illegal content.
    The ruling could have implications for the creative industries as they attempt to crack down on piracy.
    The court said that while content providers can ask ISPs to block specific sites, wider filtering was in breach of the E-Commerce Directive.
    A Belgian court had previously ruled that a local rights holder could force an ISP to filter content.
    General monitoring The case stems back to 2004 when SABAM, a Belgian company responsible for authorising music rights, discovered that customers of local ISP Scarlet were downloading music illegally via peer-to-peer networks.
    The Brussels Court of First Instance ordered Scarlet to make it impossible for its customers to send or receive files containing music from SABAM's catalogue on such networks.
    Scarlet appealed to the Brussels Court of Appeal, claiming that the injunction failed to comply with EU law.
    It said that the obligation to monitor communications on its network was in breach of the E-Commerce Directive.
    Seven years on, the European Court of Justice agreed.
    It said that the move could affect Scarlet's ability to do business because it would have to "install a complicated, costly, permanent computer system at its own expense".
    The court ruled that the filtering could infringe the rights of customers and their right to protect their own data.
    It could also mean that legal content was blocked.
    "Such an injunction could potentially undermine freedom of information since that system might not distinguish adequately between unlawful content and lawful content with the result that its introduction could lead to the blocking of lawful communications," the court said in a statement.
    Victory TalkTalk and BT are currently embroiled in legal action against the UK's Digital Economy Act. They claim the law - which lays out rules for combating piracy - is also in breach of the E-Commerce Directive.
    While the European ruling has "some relevance" to its case, it is not directly linked, said Andrew Heaney, TalkTalks' head of regulatory affairs.
    "The idea of filtering was talked about in the UK but it came off the table some time ago. This judgement is effectively about an old issue," he said.
    Internet freedom organisations welcomed the news.
    Peter Bradwell of the Open Rights Group said: "This judgement is a victory for freedom of expression online. It draws a thick line in the sand that future copyright enforcement measures in the UK cannot cross.
    "Invasive and general surveillance of users is unacceptable. This helps to nail down the limits of powers to curtail people's freedom to communicate online."
     
  2. tongs007

    tongs007 Active member

    Joined:
    Jan 26, 2007
    Messages:
    1,895
    Likes Received:
    47
    Trophy Points:
    78
  3. DxxS

    DxxS Member

    Joined:
    Oct 26, 2011
    Messages:
    50
    Likes Received:
    0
    Trophy Points:
    16
    Yes media companies have a right to protect their product, but big brother is not the way. Score 1 for net privacy.
     
  4. DAVO55

    DAVO55 Regular member

    Joined:
    Nov 15, 2008
    Messages:
    115
    Likes Received:
    1
    Trophy Points:
    28

Share This Page