BREAKING NEWS

Parents can now rest easy, free from the threat of having their broadband switched off because of their children's downloading of illegal music and videos

COURT PROTECTS THE RIGHTS OF USERS

Yesterday the European Courts of Justice handed down a judgement that prevents european member states from forcing internet service providers (ISP's) preventing users from accessing file-sharing sites and using peer-to-peer software to download illegal music and videos.

COURT PROTECTS THE RIGHTS OF USERS

It said........."national authorities and courts must strike a fair balance between the protection of copyright and the protection of the fundamental rights of individuals who are affected by such measures" and that in ordering ISP's to use monitoring software may also...." infringe the fundamental rights of that ISP’s customers, namely their right to protection of their personal data and their freedom to receive or impart information, which are rights safeguarded by Articles 8 and 11 of the Charter respectively".

In closing it said that....."it must be held that, in adopting the injunction requiring the ISP to install the contested filtering system, the national court concerned would not be respecting the requirement that a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other."

Copyright holders may still apply to national courts for court orders instructing ISP's to hand over users' details if they are pursing file hippos, and pursue individual abusers through the courts, but it should mean that copyright holders would likely go for the biggest abusers due to the costs involved.

So common sense prevails!

(COURT REF:  C70/10 Date: 2011-11-24 Scarlett Extended )