Linked by Thom Holwerda on Thu 14th Apr 2011 21:41 UTC
Internet & Networking A major win has been scored in Europe against the content industry and several governments who are trying to impose censorship on the internet through ISPs. The European Court of Justice, the highest court in Europe, gave a preliminary opinion which states that no ISP can be forced to filter the internet, especially not enforce copyright.
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Possibly outlawed?
by WereCatf on Fri 15th Apr 2011 00:31 UTC
WereCatf
Member since:
2006-02-15

It doesn't mean Internet filtering is outlawed, it only means that ISPs cannot be forced to do it. They are free to do filtering if they themselves wish to, like e.g. if they get enough money from MAFIAA-like entities to do it.

It is still an important decision given the fact that those aforementioned entities have been trying to force ISPs to do filtering, even when the ISPs themselves do not wish to do it. This releases those ISPs unconditionally from such. Also, it could possibly pave the way for actual outlawing of most Internet traffic, though I highly doubt it would mean all of it.

Expect some ISPs now to actually start advertising that they offer unfiltered Internet access if some of the other ISPs in the same country/area make a deal with MAFIAA et. al. and start filtering. It will become a selling point now that there is no worry about MAFIAA coming after them.

Reply Score: 3

RE: Possibly outlawed?
by JAlexoid on Fri 15th Apr 2011 09:08 in reply to "Possibly outlawed?"
JAlexoid Member since:
2009-05-19

To be fair, ISPs don't do it at their own will. Because filtering leads to loss of customers and costs money. And I doubt that the copyright enforcement monopolistic unions will be compensating these ISPs for filtering and loss of customers. In fact, there has not been a single instance where an ISP was payed for the filtering expenses.

Reply Parent Score: 3

RE[2]: Possibly outlawed?
by WereCatf on Fri 15th Apr 2011 09:36 in reply to "RE: Possibly outlawed?"
WereCatf Member since:
2006-02-15

In fact, there has not been a single instance where an ISP was payed for the filtering expenses.


Of course not as up until not MAFIAA-like entities have just threatened with court. Now that it's not possible anymore they'll have to pay ISPs in order for them to start/continue filtering. Some ISPs will most likely take the deal if those aforementioned entities are willing to pay enough, greed is just such a powerful force.

Reply Parent Score: 3

RE[2]: Possibly outlawed?
by Lennie on Fri 15th Apr 2011 13:02 in reply to "RE: Possibly outlawed?"
Lennie Member since:
2007-09-22

Not exactly, some ISP's actually market that they do filtering.

But they filter porn and other things which certain people of a certain relgious prefer not to see and I guess also their kids.

Also pretty much every ISP does do filtering from time to time, but for technical reasons. To prevent DOS-attacks, prevent spam from getting out their networks and so on.

Reply Parent Score: 2

RE: Possibly outlawed?
by dylansmrjones on Fri 15th Apr 2011 15:33 in reply to "Possibly outlawed?"
dylansmrjones Member since:
2005-10-02

Considering the Danish ISP's have fought in court for years against filtering I don't think they will apply filtering on their own. That's effectively prohibited anyway - in Denmark (though the politicians are trying to extend the filtering).

If this ends with a court ruling banning forced filtering it will be in the 11th hour for Denmark, considering the new political course from the "liberal"-conservative government.

Reply Parent Score: 3