Big tech accountability? Read how we got here in  The Closing of the Net 

Internet Trials

The policy debate doesn't always happen within the official policy fora such as  European Commission consultations, or Parliamentary 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’

Promusicae, the Spanish version of IFPI, has filed a claim in a Madrid court against the file-sharing website Blubster. The claim alleges that the site showed "parasitic behaviour" and that it had "commercial intent" with customers paying "from $10,000 per month" in advertising fees.

According to a report in the LA Times , Blubster added a "layer of anonymity" to its file-sharing service, so that it is harder for content companies to track what its users  are doing - and that may well be the real reason why they are prosecuting.  The LA Times article also points out that the case raises similar issues to the Grokster case in the US and the Kazaa case, which was pursued in the US and in Australia. 

 And as anyone in the media industry knows, $10,000 isn't much in terms of  advertising rates - on or off-line.

The IFPI press release concerning the case is available here.  

Four Irish music companies are  taking legal action against Eircom, the Irish telecommunciations operator, on the basis that it has not installed technology to filter and block content which they allege is infringing copyright and illegal. According to a report in the Irish Independent , the companies had asked Eircom to install filtering software made by the US vendor Audible Magic, and it has told them that it is not in a position to do so. The report states that the legal action consists of a request for a restraining order, which would prevent Eircom from making available copies of allegedly infringing material without the copyright owner's consent. 

 

It's interesting that they have chosen this route. Filtering of Internet content at the network level  is rife with legal difficulties, not least of which is the potential to infringe people's fundamental rights to access information, and to privacy. 

 

The companies are the Irish subsidiaries of the four music majors - Warner, EMI, Sony BMG and Universal. They are also member of the Irish Recorded Music Association, a member of the International Federation of Phonographic Industries or IFPI, which is dominated by the four majors.

 

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Iptegrity in brief

 

Iptegrity.com is the website of Dr Monica Horten. I’ve been analysing analysing digital policy since 2008. Way back then, I identified how issues around rights can influence Internet policy, and that has been a thread throughout all of my research. I hold a PhD in EU Communications Policy from the University of Westminster (2010), and a Post-graduate diploma in marketing.   I’ve served as an independent expert on the Council of Europe  Committee on Internet Freedoms, and was involved in a capacity building project in Moldova, Georgia, and Ukraine. I am currently (from June 2022)  Policy Manager - Freedom of Expression, with the Open Rights Group. For more, see About Iptegrity

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

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States v the 'Net? 

Read The Closing of the Net, by me, Monica Horten.

"original and valuable"  Times higher Education

" essential read for anyone interested in understanding the forces at play behind the web." ITSecurity.co.uk

Find out more about the book here  The Closing of the Net

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Copyright Enforcement Enigma launch, March 2012

In 2012, I presented my PhD research in the European Parliament.

The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review


 

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