-- R.G. Menzies
LIBERTARIAN/CONSERVATIVE DIGEST AND COMMENTARY FROM AN ACADEMIC PSYCHOLOGIST in Brisbane, Australia. My academic publications are widely read
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European court says ISPs can't be forced to monitor illegal downloads
Since the American Left just ADORES European precedents, this verdict might cause both the FCC and legislators to lose momentum in their attempts to impose internet filtering and control on American ISPs
Internet service providers cannot be forced to block their users from downloading songs illegally, as such an order would breach EU rules, Europe's highest court said in a ruling welcomed by a consumer group.
The Luxembourg-based EU Court of Justice (ECJ) issued its verdict on Thursday in a case involving Belgian music royalty collecting society SABAM and Belgian telecom operator Belgacom unit Scarlet.
SABAM asked a Belgian court to order Scarlet to install a device to prevent its users from downloading copyrighted works. The court ruled in SABAM's favour and order Scarlet to install such a device. However, Scarlet then challenged the ruling, prompting the Belgian court to seek advice from the ECJ.
"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 ECJ said.
"The filtering system would also be liable to infringe the fundamental rights of its [Scarlet's] customers, namely their right to protection of their personal data and their right to receive or impart information," the Luxembourg court said.
By JR on Friday, November 25, 2011
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