[governance] Re: European Court of Justice [#Intellectual Property #ISP #Internet Filtering #Human Rights #Privacy]

[Salanieta T. Tamanikaiwaimaro]

Actually the significance of this Judgment is in relation to how they dealt
with the prioritisation of rights, that is the rights if intellectual
property owners, the rights of ISPs to conduct their business freely and
the rights of consumers to privacy. "The injunction requiring installation
of the contested filtering system involve a systematic analysis of all
content [ISPs cannot afford this and at the end of the day, this cost would
be borne by customers somehow] and the collection and identification of
users' IP addresses from which unlawful content on the network is sent.
Those addresses are protected personal data because they allow those users
to be precisely identified". (Highlighted portion is mine)

The consideration in how the Judges arrived at their decision is on [para
52, 53] where there is no guarantee that lawful content would not be
blocked. After considering all the rights stemming from the Directives
listed in para 55, the courts held in favour of "privacy" of consumers that
is fundamental rights trumping when reading all of the Directives together.
Although the European Court of Justice recommended that harmonization take
place.

On Fri, Nov 25, 2011 at 7:44 AM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

>
> Dear All,
>
> I found this Judgment interesting in the wake of the controversies
> surrounding SOPA.
>
> There are some interesting developments by the European Court of Justice
> on the prioritisation of rights, where
> EU law precludes the imposition of an injunction by a national court which
> requires an Internet Service Provider (ISP) to install a filtering system
> with a view to preventing the illegal downloading of files, see the Press
> Release:
> http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-11/cp110126en.pdf
>
> The actual Judgment that was just released on the 24th November, 2011 is
> available here:
> http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=Submit&numaff=C-70/10
>
>
> The judgment of course is available in a host of European languages.
>
> Kind Regards,
>
>
>
>
>
>
> --
> Salanieta Tamanikaiwaimaro aka Sala
>
> Tweeter: @SalanietaT
> Skype:Salanieta.Tamanikaiwaimaro
> Cell: +679 998 2851
>
>
>
>


-- 
Salanieta Tamanikaiwaimaro aka Sala

Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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