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

[Ivar A. M. Hartmann]

Thank you for summing it up, Salanieta! Let me just point that in addition
to the ISPs' freedom to conduct business and consumer privacy, the *freedom
to receive or impart information* was also weighed against the right to
property.
Best,
Ivar

On Thu, Nov 24, 2011 at 21:41, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

> 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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