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).'