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…

A Committe set up by the Danish Government has recently proposed concrete initiatives to strengthen the enforcement of copyright on the Internet. The Committee identified four primary focus areas: enforcement of copyright on the Internet, legal business models, increased consumer awareness and sending information letters. In addition, the Committe rejects so-called compensation models according to…

DENMARK – An end user of the Direct Connect file sharing network was found liable for copyright infringements. However, the Supreme Court did not agree with the right holders (respondents) that the extent of the infringements was sufficiently documented and overturned the evidence (a list of files) provided by right holders. Also, the Supreme Court…

On 3 May 2011, the Paris Court of Appeal dismissed the claims of copyright infringement brought by the Syndicat National de l’Edition Phonographique (SNEP- trade association of the French recording industry) against Google. Since 2008, the search engine is proposing a service, Google Suggest, which guesses and suggests a list of keywords in real time…

Kitchin J granted an order for security for costs under rule 24.6 CPR against the claimant in a copyright infringement case. While remaining sensitive to the right of access to the court of the claimant and acknowledging that security for costs should only rarely be ordered solely where the case appears weak, the judge considered…

As a follow up to my previous post on the Google decisions, I am presenting a recent report issued by two senators (Mr. Laurent Béteille and Mr. Richard Yung) on the application of the anti-counterfeiting law (loi n. 2007-1544 of 29 October 2007 de lutte contre la contrefaçon). The report contains 18 recommendations aimed at…

The Communications Authority proposal to have a leading role in the protection of copyright on electronic communication networks (as explained in its Resolution 668/10/CONS commented in the previous post) has provoked opposite reactions from copyright owners on one side and supporters of major ISPs on the other side. The Italian federation for the protection against…

In this decision the Court of Cassation confirmed that Dailymotion was an online intermediary provider, who did not intervene in the content and choice of videos posted by users on its platform. In addition, the commercial exploitation of the website through the sale of advertising spaces did not induce that Dailymotion could intervene on the…