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EU Court: ISPs Can't Be Forced To Monitor All Traffic

Posted by timothy on from the this-time-let's-track-europe-please dept.

mmcuh writes "Back in 2004, Belgian copyright group Sabam managed to get a court order forcing the ISP Scarlet to filter out filesharing traffic. Scarlet took the case to a national appeals court, which in turn asked the European Court of Justice for an opinion. The opinion was delivered today: 'EU law precludes an injunction made against an internet service provider requiring it to install a system for filtering all electronic communications passing via its services which applies indiscriminately to all its customers, as a preventive measure, exclusively at its expense and for an unlimited period. [...] It is true that the protection of the right to intellectual property is enshrined in the Charter of Fundamental Rights of the EU. There is, however, nothing whatsoever in the wording of the Charter or in the Court's case law to suggest that that right is inviolable and must for that reason be absolutely protected.'" An anonymous reader adds a link to the ruling itself, but notes "The ruling is not quite as broad as I would have liked, since it only pertains to filtering 'which applies indiscriminately to all its customers; exclusively at its expense; and for an unlimited period.'"

3 of 67 comments (clear)

  1. No Unlimited Period by dcollins · · Score: 5, Insightful

    Complainant asks the court to require the ISP filter out content X for all customers, at its expense, for the next 20 years. (P.S.: See you in 20 years when we plan to re-file a duplicate of this request.) *

    * See also U.S. Copyright duration.

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    We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    1. Re:No Unlimited Period by betterunixthanunix · · Score: 5, Insightful

      20 years later

      The EP has far too much and is pushing political agendas! We need to reduce the power of the commission and the EP!

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      Palm trees and 8
    2. Re:No Unlimited Period by hedwards · · Score: 5, Insightful

      I'd mod you up if I had points. That's exactly how it's worked in the US. The GOP has figured out that by scaring the crap out of people and blaming the government for them being scared that they can get reelected without even trying to provide a better government. More than that they've found that they get rewarded for making the government as dysfunctional as possible.

      What's scary is that at this time they aren't even lying about their priorities.