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Court holds European ISPs can't be forced to filter traffic

Started by samo on 2:25pm 25/11/11. 476 views and 10 posts, 0 users reading, last post by Eddison.

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Hey all,

I was reading this today and I figured it may be of interest to others. Interestingly, while this decision is based in Europe, it could affect legislation in the UK. Im not 100% polished up on my knowledge of common law but there is currently a case in the UK that could be persuaded by this decision if it affects the UK's Digital Economy Act. Assuming it does and the decision of that case goes in the favour of the ISP it could place that decision into Australian common law.. maybe. I'll have to get up to scratch on my common law basics to be sure. It's been a while since I studied common law.

Quote from CNET:
Good news from Europe: your ISP can't be forced to monitor or block you from using the Web. A European court has ruled that record labels and film studios can't use the courts to instruct your broadband company to track you or try to block you.

"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 European Court of Justice ruled.

Record labels, film studios and other owners of copyrighted music, movies or media have in recent years tried to steer government and courts towards making ISPs responsible for piracy. They argue that ISPs should keep an eye on what you're doing online, and if they spot you illegally accessing copyrighted material, courts should order your ISP to boot you off the Internet.

That was the plan laid out in the rushed and half-formed Digital Economy Act, currently in the planning and consultation stages here in the UK. The government decided to drop the controversial plans after Ofcom -- and anyone with an ounce of common sense -- pointed out it was a stoopid idea.

Unfortunately, copyright holders have turned to existing legislation instead, beginning with a legal action to cut off file-sharing index Newzbin. This summer the High Court ruled that BT has to block its customers from accessing Newzbin -- and pay for the ban itself -- with similar bans demanded for Sky, Virgin Media and TalkTalk. But as expected the ban has proved impractical, with Newzbin claiming the ban isn't working.

How the European ruling will affect the Digital Economy Act and other legislation remains to be seen.

source

http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-11/cp110126en.pdf

http://crave.cnet.co.uk/software/europe-rules-your-isp-cant-be-forced-to-block-pirate-sites-50006227/
Posted on Friday, 25th November 2011
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American's are in a similar battle atm. Trying to have the internet censored etc to stop pirating and shit. This should now set a precident and should hopefully stop the government/music/entertainment industry from trying to censor the internet.

Also what does this mean for french people? They have a 3 strike systems where if your caught downloading p2p files i think you have your internet disconnected and shit. Will this stop that from happening?
Posted on Friday, 25th November 2011
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Good find samo, it's good to see that at least some courts will stand up for one of the few free places left on the planet.

I wouldn't be entirely surprised if the American court came out with the opposite finding but who knows, perhaps they'll recognise the validity of the European courts descision.
Posted on Friday, 25th November 2011
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i'd like to see them filter encrypted usenet data lol, piracy will always find a place to thrive on the internet.

Edited once, 25/11/11 - 3:19pm.
Posted on Friday, 25th November 2011
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Quote from NevilleBartos on the 25th of November 2011:
i'd like to see them filter encrypted usenet data lol, piracy will always find a place to thrive on the internet.

.dlc files ftw.
Posted on Friday, 25th November 2011
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Posted on Friday, 25th November 2011
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The internet was once called the 'Democratization of Information" and moves such as those by governments and entertainment industries to try and enforce the filtering and policing of information across the web only serves to degrade that democratization.

There are of course instances where it is warranted, but overall the internet shouldn't be censored.
Posted on Friday, 25th November 2011
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I could rebut that with 1 image proving why the internet should be censored.

I don't need another ban though..
Posted on Monday, 28th November 2011
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some of dat sweet cheese pizza
Posted on Monday, 28th November 2011
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Image

Did someone call?
Posted on Monday, 28th November 2011
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Court holds European ISPs can't be forced to filter traffic