European court makes it illegal for ISPs to block blanket file-sharing

Sully

THE EUROPEAN COURT of Justice has this morning ruled that it is illegal for countries to force internet providers to block illegal filesharing on a blanket basis at their own expense.

In what is already being described as a landmark ruling, the European Court of Justice found that EU law precludes governments or courts from requiring internet service providers (ISPs) to place blanket blocks on the sharing of copyrighted material.

The ruling related to a long-running dispute between a music copyright group in Belgium, SABAM, which in 2004 was granted an injunction requiring a local ISP, Scarlet, to make it impossible to share music in its repertoire.
The matter was appealed in Belgium who referred the matter to the European Court of Justice, who this morning found that the injunction – requiring the installation of expensive filtering mechanisms – unfairly infringed Scarlet’s freedom to conduct its business.

Welcoming the ruling, the Internet Service Providers’ Association of Ireland welcomed the ruling, which it said was particularly relevant in Ireland given how the government had planned measures to impose similar measures in Ireland.

Enterprise minister Richard Bruton had proposed a Statutory Instrument which was intended to bring Ireland in line with European directives on copyright and e-commerce, but which ISPAI said could allow for the mass blocking or filtering of internet traffic.

“The eventual introduction of a graduated response system [was] not inconceivable in these conditions. Today’s ruling will certainly set limits on this,” ISPAI said.

The association said that while it condemned the improper use of members’ networks, it had advocated the development of other systems which could exploit the internet to distribute music on a legal basis.

“If measures were to be imposed on our members, they should never interfere with their freedom to conduct legitimate business or force them to expend unreasonable costs,” ISPAI said, describing the ruling as a “landmark judgment for the digital age”.

The ruling does not necessarily mean that ISPs who currently block some filesharing measures – such as Eircom’s court-ordered block on The Pirate Bay – will restore access to those sites, however.

The ECJ ruled that the order was only illegal under EU law when it applied “indiscriminately to all its customers, as a preventive measure, exclusively at its expense, and for an unlimited period.”

Last month the High Court in London ordered BT to block access to the Newzbin2 site, which facilitated the sharing of copyrighted movies.
The Irish Music Rights Organisation was unavailable for comment at the time of publication.

Source: http://businessetc.thejournal.ie/european-court-makes-it-illegal-for-isps-to-block-blanket-file-sharing-287686-Nov2011/

Now there is a development I didn't see coming. A huge blow to those in the music industry and the likes of eircom who were trying their hardest to block such sites. eircom can now no longer block the likes of The Pirate Bay, as its completely illegal under European law.

Now, there is one benefit to the EU. I could see the ban being enforced through Irish legislation and no grounds for fighting but the EU are here to save the day (again) and common sense prevails.

Shall we see a drop now in price of music and more people turning to online for sales of singles and albums?

cosmicfart

Do monkeys fart?

smash

Sully wrote: »

eircom can now no longer block the likes of The Pirate Bay, as its completely illegal under European law.

Yes they can.... "it is illegal for countries to force internet providers to block illegal filesharing" they weren't forced to block were they? they did it themselves I thought and that's why the others still allow it.

Edit:
I was right, Eircom weren't forced:

"The High Court in Dublin on Friday gave Irish Recorded Music Association (IRMA) and Internet Server Provider (ISP) Eircom the green light to implement a three strikes and you’re out policy on suspected file-sharers (people who download music off the net)."

Forget Eircom, their a joke of a company, their the only ISP worldwide to just implement 3 strikes cause they got a few letters from the IRMA. Hopefully wont be around much longer.

BT in the UK were recently forced to block Newzbin, a usenet indexer. Cost BT a load of money to fight in the UK courts and lost anyway so it will be nice to see that turned around by the EU.

Biggins

Put simply the ruling means that complete sites cannot be blocked carte-blanche by a service provider such as Eircom BUT they can still block individuals on the basis that they have caught them individually downloading items that has copyright attached.

At least thats my reading of it.

smash

Biggins wrote: »

Put simply the ruling means that complete sites cannot be blocked carte-blanche by a service provider such as Eircom BUT they can still block individuals on the basis that they have caught them individually downloading items that has copyright attached.

At least thats my reading of it.

No, it just means that countries can't force an ISP to block sharing sites. They can still block if they want to, as a business decision.

ScumLord

cisk wrote: »

Forget Eircom, their a joke of a company, their the only ISP worldwide to just implement 3 strikes cause they got a few letters from the IRMA.

I thought it was par for the course in the US? I have a friend living there who can't go on a lot of streaming sites and get's warnings of charges when he tries.

mikom

Sully wrote: »

European court makes it illegal for ISPs to block blanket file-sharing

Duvets are a bit of a grey area.

El Weirdo

The way I read it, it just means that governments will have to pony up the money to make it happen.

kraggy

cosmicfart wrote: »

Do monkeys fart?

No but galactic gorillas will fire supernovas out their blackholes.

Jesus Wept

LOLEIRCOM

mcmoustache

Now I would like to once again thank UPC for essentially telling IRMA to f*ck off when they asked UPC to do what eircom did.

Now they have a firmer legal footing on which to fight IRMA should they try any more tricks either legally or through lobbying for new legislation.

Thanks again, UPC and thanks for offering a broadband product that eircom can't even come close to competing with.

Eircom, go f*ck yourself and may you continue bleeding customers.