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Carsten Ullrich

EU Court Of Justice Makes Life Difficult For ISPs: Demand 'Balance' In Blocking Website... - 0 views

www.techdirt.com/...cant-block-legal-content.shtml

intermediary ECJ liability copyright block filtering

shared by Carsten Ullrich on 17 Oct 17 - No Cached
  • hat seems like kind of a huge mess for ISPs who will now have to deal with injunctions asking them to block stuff
  • where they'll be required to show "reasonable measures" but will also need to balance that against blocking access to legitimate content.
  • t seems likely that many ISPs will opt for limiting their own liability by defaulting towards overblocking to avoid having to face challenges suggesting they didn't take enough "reasonable measures."
Carsten Ullrich

CJEU in UPC Telekabel Wien: A totally legal court order...to do the impossible - Kluwer... - 0 views

kluwercopyrightblog.com/...upc-telekabel-wien

ECJ intermediary liability copyright block filtering

shared by Carsten Ullrich on 17 Oct 17 - No Cached
  • Accordingly, UPC was instructed to do everything that could possibly and reasonably be expected of it to block kino.to. Whether all reasonable measures were taken was to be reviewed only in a subsequent “enforcement process”
  • he Court identified a three-way conflict between:  a) copyright and related rights; b) the intermediary’s right to conduct a business; and c) the freedom of information of internet users. It repeated its Promusicae conclusion that where several fundamental rights are at stake, a fair balance must be struck between the requirements of all. The Court found that the injunctive order under consideration struck the right balance.
  • intermediaries must be careful not to infringe users’ freedom of information
  • ...12 more annotations...
  • with regard to copyright protection, the Court stressed that a complete cessation of infringements might not be possible or achievable in practice
  • this does not pose a problem, given that, as previously emphasised in the Court’s case law, there is nothing whatsoever in Article 17(2) of the Charter to suggest that intellectual property is inviolable and must be absolutely protected
  • According to the Court, internet access providers must make sure that both right-holders and users are kept happy, with no real guidance as to what measures might achieve that effect.
  • “figuring out what content is legal against what content is infringing is too hard for us poor lawyers and judges!”
  • the two SABAM cases, which found filtering incompatible with fundamental rights, by confirming that specific (in the sense of “targeted at a clearly indicated website”) blocking injunctions are permissible, as long as they do not unreasonably infringe users’ rights.
  • act explicitly redirects the balancing exercise to a private enterprise and defers the assessment of its outcome to a later procedure.
  • SP has no real way of knowing what is and what is not “reasonable” in the eyes of the law.
  • . It’ll be reasonable, the Court seems to say, as long as it’s not entirely ineffective, or at least tries to not be entirely ineffective, or at least suggests that users shouldn’t do this
  • . Indeed, in a recent Dutch case, the court of appeal of The Hague overturned an injunction ordering access providers ZIGGO and XS4ALL to block the well-known torrenting site The Pirate Bay, after studies confirmed no effect at all on the number of downloads from illegal sources.
  • nsisting that a symbolic “do something” gesture must be made to establish that the intermediary is opposed to piracy, even if it cannot achieve real results.
  • UK’s Justice Arnold in EMI Records v British Sky Broadcasting
  • guidelines assessing the proportionality of blocking measures be laid down by the CJEU – that would have been welcome indeed!
  • Carsten Ullrich on 17 Oct 17
     
    UPC Telekabel Wien
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