The latest jurisprudence is formal: all providers of access to the Internet (ISP) must "prevent any making available" and "to implement all measures to interrupt the access" from their illicit sites servers. They must also "provide any identification" (Editor, Director of publication, physical or legal person, etc) of these illegal content. This is what emerges from the conviction of the Court of appeal of Paris in a judgment delivered on November 24, (third line below).
If this condemnation of Telecom Italia, AOL, France Telecom, Tele2 France, Neuf Cegetel, T-Online-Club-Internet, Numéricâble and Suez Lyonnaise Telecom regarding racist or antisémitistes, or revisionist content, it will inevitably impact on cultural contents pirated in the fields of music and cinema. Cultural industries - the recording head Edition, but also film producers under renegotiation of the Protocol "Cinema at the request" - have since this verdict what be met in their requirement to see ISPs implement digital content filtering measures when they are pirated and traded illegally on the Internet in General and the networks peer-to-peer in particular (see unpublished documents below).
Thus, for the first time in France, the judges have confirmed the orders of 20 April and June 13, 2005 who condemned ISPs and hosters to take all measures to prevent access to these contents, under penalty of a fine of 5,000 per day of delay. Their motivation was implacable: "despite the technical difficulties of filtering, the cost and complexity of its implementation and its questionable effectiveness, the legislature in the Act on confidence in the digital economy of 21 June 2004 did not exclude the use of this method and (...), using the formula 'all measures to prevent or stop damage' other unspecified", left to the judge the power to prevent or at least, limit the content put on line consultation where, as here, it is not possible to act against foreign hosts ", considered the Court of appeal."
Another judicial decision, made this time in Denmark October 25, 2006 (online below), has condemned the Swedish operator Tele2 to block access to its subscribers in the Russian service AllofMP3 proposing illegal music on the Internet. The site provides against payment of music titles by downloading without the permission of phonographic publishers and assigns. "It is absurd that providers of Internet access do not of themselves taken initiative not to give an opportunity to subscribers to participate in these activities that are clearly offences", the President of IFPI (International Federation of Phonographic Industry) found at Denmark, Jens-Otto Paludan, originally of the complaint filed on July 13, 2006 the Court of Copenhagen. In France, the National Union of the Edition Phonographique (Snep) - affiliated with IFPI - did not word on this new international jurisprudence but favourable to the music industry.
Another decision, highly anticipated before the end of the year by music producers and publishers will involve a dispute between the society of author specifically Belgian in the music field, SABAM, and the access provider Tiscali Internet about of the peer-to-peer filtering. The Court of Brussels should indeed make its decision in December, the judicial expert having already issued its findings.
About the technical possibilities of filtering:
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