In recent years, Italian courts have struggled to create a new figure, the ‘active hosting provider,’ whereby providers that do not offer any content themselves, can nonetheless be held liable with regard to their (commercial) activities in relation to infringing content that was uploaded by users. On the one hand, it could be argued that…

UK: High Court Chancery Division, 23 March 2012, Seaton v Seddon. The members of the reggae band Musical Youth brought a case against their former solicitors with regards to the royalties due from a hit single: “Pass the Dutchie”. This song was an arrangement of another piece of music, entitled “Pass the Kouchie”. The claim in…

The CJEU’s ruling in the Scarlet v. SABAM case (C 70/10) is still fresh in our memories: court injunctions to install global and preventative filtering systems with a view to preventing copyright infringements are precluded. SABAM asked again for the same measures in the framework of the SABAM v. Netlog litigation. Again, the Belgian court…

We are experiencing a new trend by Italian first instance courts in addressing the issue of liability of hosting providers for contents posted by users in copyright infringement cases. The new approach is likely to impose providers of video sharing platforms (such as YouTube, Dailymotion and others) dramatic changes in their model of business, with…

by Linda Scales, solicitor, Dublin. A copyright controversy has been raging in Ireland this week. The SOPA/PIPA debate fuelled fears that an unpublished piece of secondary legislation would provide a regime similar to that proposed in the US. The Irish instrument was labelled “Ireland’s SOPA”, even though no one knew what the document contained. In…

Some legislative proposals raise considerable controversy beyond the national territory in which they are issued. The Stop Online Piracy Act (SOPA), a bill that is currently pending in the US House of Representatives, is one clear example of such a proposal. Aimed at fighting unauthorized trafficking of copyrighted content in the online environment, the proposed…

This sentence summarizes quite well the decision of the Antwerp Court of Appeal of 26 September 2011 which it is abstracted from. The Belgian Anti-piracy Federation filed a cease and desist action against Telenet and Belgacom, two Belgian ISPs, in order to make them block The Pirate Bay’s websites in their respective networks. In first…

In a recently announced Memorandum of Understanding (MoU) with music and film industry associations, U.S. Internet service providers (ISPs) have agreed to take voluntary action against online piracy. In essence, the MoU establishes a multi-stage model (“graduated response”) that begins with email alerts, and which may end up with bandwidth reductions or limitations in web…

Finland: Finreactor I, Supreme Court (Korkein oikeus), 30 June 2010. Filesharing: The defendants were administrators of the Finreactor BitTorrent file sharing network. The networks’ users could illegally download copyrighted works. The network was built so that the files were not available on the Finreactor’s site but resided on users’ own computers. Finreactor had a tracker…