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  take it into other venues. The courts are being called on the interpret the law, and the caselaw is used by courts all around Europe in the context of their judgments.   This section looks at instances of legal action against Internet providers by private interest groups, or actions by Member States who are implementing laws and initiatives. Iptegrity's concern, as ever, is the protection of the open Internet and free speech. In the courts, this will be addressed in the context of the right to freedom of expression or privacy.


If you are interested in copyright caselaw  you may like my book The Closing of the Net which discusses the UK copyright blocking judgments and the Megaupload case in New Zealand.

 

If you are interested in copyright policy, you may like my previous books A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms and The Copyright Enforcement Enigma - Internet Politics and the ‘Telecoms Package’

The Allostreaming case…

 A lesser-known provision in the French Hadopi law has been used by a Paris court to order de-indexing of websites by search engines. The order also calls for the blocking of sites by ISPs, where the domains concerned belong to a group known as ‘Allosteaming’. However, whilst the rights-holders are claiming an amazing victory, it is not quite so – due to the way the costs have been ordered.

Read more: Hadopi law used to order search engine de-indexing

The  Premier League, which comprises the  UK’s wealthiest  football clubs,  obtained a high court order last month blocking a Swedish website that streams football games. Since the block was  put in place, media reports have suggested that it  additionally knocked out access to websites such as the Radio Times,  which were not subject to the court order. The ISPs wipe their hands of any blame. But case law from the European Court of Human Rights suggests that these instances are violations of free speech rights.

Read more: Premier League web block - a strike against free speech rights?

The Pirate Bay founders have lost their appeal to the European Court of Human Rights (ECHR), which handed down  its decision on their case this week. The ECHR  has upheld the Swedish  judgement on  the bit-torrent  file-sharing site – a judgement  that imposes a  prison sentence and a massive damages claim, on the basis of secondary liability for copyright infringement. What’s interesting is how the ECHR  views the balance of copyright versus fundamental rights.

Read more: European Court Pirate Bay ruling – what rights are balanced?

mh.2.kiev.november2015.s.jpg

 

 

 

The Copyright Enforcement Enigma 'accurate and absorbing account of the story of the Telecoms Package' -Journal of International Commercial Law and Technology

'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights.  

Read more  

Copyright Enforcement Enigma launch, March 2012

European Parliament launch for Copyright Enforcement Enigma

Don't miss Iptegrity! Iptegrity.com  RSS/ Bookmark      

Iptegrity.com is the website of Dr Monica Horten. She is  a trainer & consultant on Internet governance policy, published author& Visiting Fellow at the London School of Economics & Political Science. She served as an independent expert on the Council of Europe Committee on  Internet freedom. She has worked on CoE, EU and UNDP funded projects in eastern Europe and beyond.  She was shortlisted for The Guardian Open Internet Poll 2012. Iptegrity  offers expert insights into Internet policy (and now Brexit). Iptegrity has a core readership in the Brussels policy community, and has been cited in the media. Please acknowledge Iptegrity when you cite or link.  For more, see IP politics with integrity

Iptegrity.com is made available free of charge for  non-commercial use, Please link-back & attribute Monica Horten. Thank you for respecting this.

Contact  me to use  iptegrity content for commercial purposes

The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review