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AP Photo/Yves Logghe

EU Court of Justice rules that ISPs can be forced to block copyright-infringing sites

The ruling allows ISPs to decide the best way to combat copyright violations in their respective country.

THE EUROPEAN COURT of Justice (ECJ) has rules that EU states can order internet service providers (ISP) to block websites that infringe copyright.

The ruling, which dealt with an case brought up by Austria’s highest court,  ruled that while ISPs could be seen as an intermediary to copyright infringement, it will be up to national courts and lawmakers to decide on the best course of action and whether to block certain sites and online content.

The original case concerned two film companies – the German based Constantin Film Verlieh and Wega Filmproduktionsgesellschaft from Austria – which found out their films could be viewed or downloaded from the website, kino.to, without their consent.

After tacking action, the Austrian courts prohibited UPC Telekabel Wien, an Austrian ISP, from allowing its customers access to the site. UPC argued that it shouldn’t be responsible for policing copyright on a site that it had no relationship with and that there was no ruling which said its own customers acted unlawfully.

Also, the measures needed to block certain sites would be very costly and could be technically bypassed by internet users.

Therefore, the ECJ was asked for its take on the EU copyright law, which it noted “does not require a specific relationship between the person infringing copyright and the intermediary against whom an injunction may be issued.”

It also said it wasn’t necessary for copyright holders to prove that the protected content was actually being accessed through the providers they were targeting.

The ECJ said that the national courts can leave it up to the ISPs to decide on the best way of preventing copyright violations.

Read: EU Commissioner calls for continued pressure by police to combat sex trafficking >

Read: No surprises as Irish broadband prices one of the highest in EU >

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26 Comments
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    Mute Michael Campbell
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    Sep 15th 2011, 5:21 PM

    What a horrible lot don’t blame the USA for trying to keep them out

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    Mute Des Fortune
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    Sep 15th 2011, 5:38 PM

    Michael, drug cartels are so powerful because of US drug use, US war on drugs is a joke, calling Mexicans ‘a horrible lot’ is rather simplistic view

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    Mute Dave Bruce
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    Sep 17th 2011, 9:34 AM

    Micheal two young mexicans are dead because of the illegal drugs industry, because they may have used their rights to freedom of speech (a right upheld in the constitutions of many countries) to speak out against drug cartels. Are they part of the horrible lot too?The drugs industry is an international one it doesn’t follow borders, it just follows supply and demand.

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    Mute Brian Carroll
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    Sep 15th 2011, 6:19 PM

    Michael, try educating yourself before you make idiotic comments in future.

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    Mute Unitedpeople Ireland
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    Sep 15th 2011, 5:53 PM

    Dear drug cartels,
    You can’t stop the signal!
    Sooner you learn that, the better!

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    Mute Michelle Geraghty
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    Sep 15th 2011, 10:12 PM

    I’ve been meeting so many people facing these kinds of threats every day at the Frontline Human Rights Defenders Platform in Dublin Castle this week. 130 incredibly brave people from 85 countries being threatened for standing up for their basic rights. Its shocking to hear stories like this one. Can you imagine actually facing that fear every day but continuing to fight for the right thing despite it? And what if you had kids? Massive respect to the journalists who fight back. Rant over. If you guys interested in reading more about them, visit http://www.frontlinehumanrights.org

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    Mute Adam Magari
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    Sep 15th 2011, 9:12 PM

    Mexico, a failed state now. Imagine the situation in ten years time.

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    Mute Eagle eye
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    Sep 15th 2011, 8:10 PM

    There was a great show on last week where that sas guy chris Ryan teamed up with the special police there ‘bope’. Incredible stuff seeing the conditions in the favelas. The place is overrun with drugs and crime. Remember last year when hundreds of cops raided the place and arrested hundreds?
    Scary stuff if they are turning to killing those using social media and reporters

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    Mute Mad Durdu
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    Sep 15th 2011, 8:40 PM

    Thats brazil you clown. And BOPE are a bunch of murderers and torturers

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    Mute Eagle eye
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    Sep 15th 2011, 11:31 PM

    My bad mad durdu. I made a mistake.
    I ain’t a clown though. I wouldn’t say murderers, they are going in dealing with serious criminals and drug cartels.

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    Mute grass Eye
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    Sep 15th 2011, 8:29 PM

    This was a mad story. On Monday.

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    Mute Gavin Hoey
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    Sep 15th 2011, 8:35 PM

    : )

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