Papers and Articles on Internet Policy

ACTA, SOPA & the EU - essential background

The Copyright Enforcement Enigma jacket

SOPA and PIPA 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!

Internet Trials

The policy debate doesn't always happen within the official policy fora such as European Commission consultations, or European Parliament committees. Especially when it comes to the Internet and online content. Certain interest groups are trying to deal with it in other venues, such as court cases against Internet companies. This section looks at instances of legal action against Internet services by private interest groups, or actions by Member States who are implementing laws and initiatives that stand to block the free Internet.

Inaudita altera parte - Pirate Bay block pre-empts ACTA

Monica Horten

Published on 21 February 2012

A British court ruled that The Pirate Bay does infringe the copyright of UK rights-holders, in the first of a two-part case to get British ISPs to block the torrent tracker. The case was heard with only the rights-holders in the court. The ISPs had declined to attend. The operators of The Pirate Bay , of course, were not there either.

United States government v Richard O’Dwyer: a political manoeuvre by Hollywood?

Monica Horten

Published on 16 January 2012

I find the case of USG v Richard O’Dwyer quite disturbing. It has hit the British media over the matter of extradition, and a weak agreement between Britain and the US. But having gone carefully through the judgement, I feel this is only part of the story. It looks to me like a cynical manoevre by the US copyright industries, notably the Motion Picture Association, which represents the powerful Hollywood studios. Mr O’Dwyer is a pathetic pawn in a much bigger game to get a legal precedent in the EU. My feeling is that this case could be leading up to ACTA (Anti-counterfeiting Trade Agreement) implementation.

Sabam v Scarlet: Court rules that ISPs can’t be asked to filter

Monica Horten

Published on 24 November 2011

In a major landmark ruling today, the European Court of Justice (ECJ) said that that ISPs may not be asked to filter Internet content for copyright enforcement purposes. The effect of the ruling will extend into every Member State, where courts are being asked to impose injunctions on ISPs and governments pressured to bring in filtering measures.