Big tech accountability? Read how we got here in The Closing of the Net
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."
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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"original and valuable" Times higher Education
" essential read for anyone interested in understanding the forces at play behind the web." ITSecurity.co.uk
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In 2012, I presented my PhD research in the European Parliament.