TorrentFreak

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.

The attorney general in Brussels has concluded a three year investigation into the money trails at the the local music royalty collecting agency SABAM. The attorney general concluded that the copyright group is not paying the artists the money owed to them, and will prosecute five managers for forgery of documents and abuse of trust.

A 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.