Linked by Thom Holwerda on Thu 24th Nov 2011 11:15 UTC
Legal While the US is still pondering SOPA, we just got some absolutely fantastic news out of Europe. The European Court of Justice, the highest court in the European Union, has just ruled that P2P filters installed by ISPs violate the European Directive on electronic commerce as well as fundamental rights [full ruling]. This is a hugely important ruling that effectively protects all member states of the European Union from ever being subjected to ISP filtering and spying.
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RE: Comment by Laurence
by bouhko on Thu 24th Nov 2011 12:52 UTC in reply to "Comment by Laurence"
bouhko
Member since:
2010-06-24

Seems to me that the ruling system this judgment is about is one where the ISP would monitor ALL traffic and figure out what traffic is copyrighted.

The court says that :
1) Puting such a traffic monitoring in place is kind of costly and significantly impact the way the ISP is running its business.
2) Your ip address and the website you visit are personal informations. Therefore, monitoring them and (possibly) sending the ones that look suspicious to the content firms seems like a big violation of privacy.

Now, the UK judgment you are refering to seems to be about blocking a single website. Which is technically very easy to setup (by IP/DNS, even if it is kind of inneficient because the site will just change server) and doesn't involve monitoring ALL the traffic. So neither of the two court arguments would apply.

So I think they are two different cases.

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