Dutch ISP Blockade On The Pirate Bay Lifted in InfoSecurity magazine 29 January 2014
Dr Monica Horten, a Fellow at the London School of Economics & Political
Science and author of the IPtegrity blog, explained the different legal
interpretations between the UK and the Netherlands. "The Dutch court has
balanced the right to conduct a business against the right to property,
enshrined in Articles 16 and 17 of the Charter of Fundamental Rights," she
told Infosecurity. "Article 17.2 is a right to intellectual property, which adds
to the significance of this ruling. The Dutch court has also considered the
overall effectiveness of imposing an electronic blockade on a single site.
"In similar cases in Britain, the British courts have put the rights of the
entertainment industries above any other rights and justified the blocking
order on the basis of The Pirate Bay's liability for copyright. The British
courts have tended to dismiss the rights of Internet users..."
Nevertheless, she adds, the new ruling "would be a useful judgment for any
company trying to defend a similar case in the UK as it presents to the court
a different way to balance the interests."