A Storm in ISP Safe Harbor Provisions: The Shift From Requiring Passive-Reactive to Active-Preventative Behavior and Back

by Vojtech Mlynar

in Intellectual Property Law Bulletin (citation: 19 Intell. Prop. L. Bull. 1 2014-2015)

 

Although factually similar to the previous action, content
ISPs as well as legal practitioners paid close attentiono3 to the Court of
Justice's decision because it was not clear whether the court would extend
the Scarlet reasoning concerning an access ISP to services offered by
content ISPs.

Reference: Monica Horten, Sabam v. Scarlet- Will the ECJ Open Europe to Filtering Orders?,
IPTEGRITY.COM (Jan. 13, 2011),

Vojtech Mlynar