
ACTA and SOPA have put Internet copyright into the mainstream news agenda. The Copyright Enforcement Enigma introduces you to this topic. It explains the history of copyright sanctions. It puts 3-strikes and blocking policies into context. And it unravels the strange story of how it all got mixed up in the Telecoms Package and Amendment 138. When you finish it, you will understand why the ISPs and fundamental rights are under attack! Click here to get it!
Fanny Coudert and Evi Werkers,
In the aftermath of the Promusicae case: how to strike the balance?
In: International Journal of Law and Information Technology Advance Access published online on October 25, 2008, pages 6, 20, 22
'As pointed out by Monica Horten in her critical analysis of the Telecoms Package, the use of filtering tools as a basis for further sanctions on users raises a series of difficult questions such as: who determines the entity authorized to decide what content is to be blocked; who identifies the entity authorized to decide if to block access by type of traffic (protocol), by URL, domain name, or IP address; who designates the entity authorized to arbitrate the interpretation of the 2001 Copyright Directive to determine what is and is not fair dealing under the exemptions; and in which countries does the interpretation apply (because, in spite of legal harmonization, the solution adopted will be different for each Member State).'