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’

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.

Read more: Inaudita altera parte - Pirate Bay block pre-empts ACTA

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.

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

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.

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

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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

PAPERBACK /KINDLE

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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