For the backstory to the upload filter check my book The Closing of the Net - PAPERBACK OR KINDLE - £15.99!

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 law suit of L'Oreal v eBay could result in an onslaught of rights-holder litigation against ISPs, according to a UK copyright lawyer. It all depends on what the European Court of Justice decides.

 

Is the L'Oreal v eBay law suit holding holding a perfumed gun at the ISPs heads? The case of L'Oreal v eBay was heard in the UK High Court in May this year, and the judge made a referral to the European Court of Justice on some key questions related to the case.  In particular, the UK court asked the ECJ for an opinion  on the matter of eBay's liability in respect of alleged trademark infringements.

According to a report on the Out-law.com website, a UK copyright lawyer believes that if  the ECJ were to

Read more: L'Oreal v eBay: a perfumed gun

Under the 3-strikes agreement between eircom and the Irish music industry, Eircom will sanction its own customers, and technical support staff will deal with users' complaints. The next move by the Irish music industry will be court action to get the Pirate Bay blocked - without opposition from the ISPs.  If this isn't legal bullying by any other name, then what is? And what are the ‘necessary controls' over the rights-holders IT surveillance companies?

 

Details of the  agreement between the Irish music industry and the telecommunications network provider eircom, have emerged in a leaked document. It is a private agreement for graduated response/ 3-strikes measures against

Read more: eircom: Internet policing by tech support

A court ruling in favour of eBay last week in the UK High Court puts the IPR Enforcement directive, known as IPRED, to the  test. The case, brought by cosmetics firm L'Oreal,  is likely to go to the European Court for a further ruling.

 

The complaint brought by L'Oreal concerned  sales of alleged counterfeit goods on the eBay online auction site. The judge ruled that eBay is not liable for infringements by eBay users, and that was the headline in most of the media coverage. However, reading the judgement, it is evident that there are other issues at stake here.

 

In particular, the L'Oreal case rests on Article 11 of the IPR Enforcement directive. This says, in plain English,  that

Read more: L'Oreal v eBay judgement puts IPRED to the test

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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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FROM £15.99

Copyright Enforcement Enigma launch, March 2012

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

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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

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