In the crucial 7-year legal battle between a music rights group and an Internet service provider, the European Court of Justice has now delivered an important ruling. Music rights group SABAM wanted ISP Scarlet to spy on its customers and block their communications to stop file-sharing, but the Court decided that would breach privacy and violate the fundamental rights of both the ISP and its subscribers.
Belgian music royalty collecting agency Sabam has once again stepped up to enforce their strict copyright regime. Today the group announced that it will bill Internet providers for allowing subscribers to play and download copyrighted songs. Sabam claims it is entitled to this compensation based on existing copyright law, and is demanding 3.4 percent of the monthly fee paid by subscribers.
Soon the European Court of Justice will have to decide whether an Internet service provider can be forced by a music rights group to proactively filter all of its traffic – both inbound and outbound – for copyright infringements. As detailed in a new paper by intellectual property expert Cedric Manara, the notion is fraught with difficulties and the potential for collateral damage huge.
An advisor to the European Court of Justice has said that an ISP involved in a long-running file-sharing dispute cannot be forced to block or filter copyright-infringing files at the behest of copyright holders. Such an action would amount to an invasion of customers’ privacy and violate rights guaranteed under EU law.
The Belgian music royalty collecting agency SABAM has once again stepped up to enforce their strict copyright regime. After collecting money for fake artists and forgetting to pay out to real ones, they are now targeting truck drivers who listen to music in their cabs without an appropriate license.
Music royalty outfits are experts at not only gathering funds from anyone who dares to play music in public, but also at generating adverse publicity. Known for pressurizing anyone from charities to the police, their activities are often viewed with disbelief. Now a Belgian TV show has had a closer look at one of them, and ended up paying royalties for a whole host of artists that don’t exist, bathroom equipment and chinese food.
In a landmark case the music copyright group SABAM has been chasing a local Internet provider in court, trying to force the company to filter P2P traffic, thus far without result. The Brussels Court of Appeal has now referred the case to the European Court Of Justice where it will be thoroughly examined once again.