Anti-Piracy Lobby Loses Against “Non-Filtering” ISP
Written by enigmax on October 26, 2008A Belgian ISP ordered by a court to stop all piracy on its network, only to discover that it was an impossible task, has seen that decision reversed. The court recognized that the anti-piracy solutions recommended by the music industry didn’t work, which left the ISP Scarlet in an impossible position.
In 2007 legal case involving Belgian ISP Scarlet and music copyright group SABAM, a court ruled that ISPs could be forced to stop people committing copyright infringement on P2P networks. The judge in the case took the advice offered by the music industry, who claimed it was possible for ISPs to stop illegal file-sharing using a system called Audible Magic. Scarlet was given 6 months to comply. It was to prove impossible.
A year later, Scarlet’s lawyers were back in court. The court previously ordered that Scarlet has to pay compensation of 2,500 Euros for every day they failed to stop file-sharers sharing files, but the company’s lawyers argued it was impossible to comply, since the anti-piracy system ‘Audible Magic’ they were told to use by the court (on the advice of the music industry and SABAM), simply did not work.
Now, having heard a lawyer for SABAM admit that they had misled the court over the effectiveness of Audible Magic, the judge in the case has reversed the ruling. The final ruling in the case is due in October 2009 at the court of appeal in Brussels, so until then, the judge decided that Scarlet are no longer subject to the 2,500 Euros per day fine, which had already reached around 750,000 Euros.
This year, several music industry lobby groups have spoken out in favor of content filters. They argue that ISPs have the responsibility to prevent their customers from accessing copyrighted works, and thus act as a virtual police force. Earlier this year, IFPI took the Irish ISP Eircom to court for this reason. In addition, IFPI asked the European Parliament to adopt legislation that would make such filters mandatory, and to block entire websites including The Pirate Bay.
Luckily, the European Parliament decided that anti-piracy filters were not appropriate. In addition, it later ruled that other anti-piracy measures, such as “three-strikes” laws are too strict as well, as such policies restrict the rights and freedoms of Internet users. In the light of these recent developments, and because it is simply impossible for any ISP to filter transfers of copyrighted works on their network, Scarlet has a good chance to win their appeal next year.
Previously: NiN’s Donation Model Doesn’t Work for Most Artists
Next: Top 10 Most Pirated Movies on BitTorrent
19 Responses
yay go Scarlet!
i wonder if Scarlet will sue sabam to pay bill for all those implementation that they suggest and didn’t work .
Great news, one thing tho. since scalet racked up that 750keuro do they still have to pay that or is it just obsolete now?
frankly Scarlet I don’t give a damn.
Am interested to know the answer to #3’s question as well…
Trying to stop piracy through ISP filters is like trying to stop the tide coming in with an army of people with teacups.
When will these morons learn?
@5
Hopefully they will learn sooner rather than later.
The best thing to do with piracy is not to do anything about it, of course.
Roze
http://www.10ch.org/
“Now, having heard a lawyer for SABAM admit that they had misled the court over the effectiveness of Audible Magic”
*cough* how about a stiff fine for decieving the court? Say 750,000 euros (The amount they were going to get fro mscarlet)
“Trying to stop piracy through ISP filters is like trying to stop the tide coming in with an army of people with teacups.”
Aaaaahahahahahahahahahahahahahahah!
Good post, though
When are they going to realise that you CANNOT stop P2P and that instead they should find a way to work with file sharers to make it profitbale for them.
@9
That will be never – until, that is, the law is changed.
Many industries need to be retooled in order to work in the digital age. It’s not just the music and movie industry.
Even book publishers are seeing a decline in the market for printed books. All books should have a digital alternative. This should not be hard for them since it is already digitized to work with the printing press.
There is almost no reason for libraries as we know them to exist anymore. Its a massive waste of paper
@11
Business don’t care about what is ultimately better. They only care about their daily profits. To them, making money is more important than coming up with something better.
Ha Ha ha ha ha, stupid anti piracy zealots! Ha Ha ha
Jiff
http://www.anonymity.pro.tc
“since scalet racked up that 750keuro do they still have to pay that or is it just obsolete now?”
If the court system works similar to the U.S. System, since the ruling is overturned, the penalty is thus void as well. Falsly advising a court, and thus, forcing a system to be implemented under false pretenses seems like a reasonable reason for Scarlet to sue.
@5
LOL i love your metaphor, so poetic, so.. so very imaginative.
@ everyone
BIG UP ALL DA PIRATES OUT DERE MAN!!
businesses waste money and resources trying to combat piracy especially when there own pricing is too high compared ot the pirated product, the more htey lesson there profit margin to compete the more “regular” people will ocmply with those prices.
If you look at technology they have the means to make the most wicked tracker and fast tracker, would you not donate a few bucks ot be part a that, sure they dont get 30$ a cdr.
But then they aren’t ever going to either.
And as to suing people that HAVE no money what is hte saying?
You can’t get blood from a stone.
regarding this and whats going to be happening in australia, if its impossible, why attempt it in australia?
@3 No they still dont have to pay up, but the court hasn’t made a final decission yet.
I hope they get 750,000 Euro’s from the music industry for lost profits and custom over the last year.
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