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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'

Will yesterday's ECJ ruling concerning an article about Kylie Minogue on a British website make it easier to sue online publications?

A ruling in the European Court of Justice (ECJ) yesterday would appear to shift the axis for law suits against websites and online publications to protect the image of celebrities and others who want to control the way they are seen in public. The ruling, in respect of a case brought by the French actor Olivier Martinez against the Sunday Mirror, says that people may sue for what are called 'personality rights' in the country where they live. 'Personality rights' is about controlling your own publicity or image. Previously, you could only sue in the country where the publisher is based, or in countries where the information is distributed.

Read more: Chilling effect risk of Kylie judgment

It was widely believed that the US government pressured Sweden over the Pirate Bay indictment, now there is a sliver of evidence...

A recently-emerged US diplomatic cable from 2009 suggests that American government officials assisted the rights-holders in compling the case against The Pirate Bay, and may have also assisted the Swedish authorities. The text - seen by iptegrity.com and copied here - reads:

Read more: US Officials behind the scenes on Pirate Bay indictement

20th Century Fox v BT: Can an ISP have 'not the right kind of knowledge' in respect of copyright enforcement liability?

Second report on the case from last Wednesday in the High Court, when I attended the hearing.

The case of Twentieth Century Fox v BT (the Motion Picture Association of America 's European arm suing British Telecommunications) could be a key landmark case for copyright enforcement on the Internet. At stake is whether an ISP in Europe can be ordered to block a website which is alleged to be infringing copyright. The legal chasm between the two parties is the meaning of 'actual

Read more: Hollywood v BT: the wrong kind of knowledge?

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About Iptegrity

Iptegrity.com is the website of Dr Monica Horten. I am an  independent policy advisor, with expertise in online safety, technology and human rights. I am a published author, and post-doctoral scholar. I hold a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. I cover the UK and EU. I'm a former tech journalist, and an experienced panelist and Chair. My media credits include the BBC, iNews, Times, Guardian and Politico.

Iptegrity.com is made available free of charge for non-commercial use. Please link back and attribute Dr Monica Horten.  Contact me to use any of my content for commercial purposes.