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Facebook, Twitter Aren’t Required To Have Anti-Piracy Software, Court Says

Such an injunction would result in a serious infringement of freedom, so sayeth the ECJ

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Facebook, Twitter Aren’t Required To Have Anti-Piracy Software, Court Says
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Europe’s top court dealt a blow to anti-piracy crusaders and tallied a win for proponents of Internet freedom today by ruling that social networking sites cannot be required to set up an anti-piracy filtering system.

The ruling involves a case brought against Netlog, an online social network based in Belgium, by a music royalties firm claiming that the site, in addition to other social networks, should be scouring the content posted by users in order to “ensure it does not infringe copyright.” Sabam, the aforementioned royalties firm, dragged in the dead horse argument that “some” of Netlog’s users had been sharing copyright protected music and videos on the website.

The European Court of Justice, however, wasn’t shopping for worn out excuses today. While acknowledging that the requested anti-privacy measure would remedy Sabam’s problem, the action “would not be respecting the requirement that a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other.” Moreso, the court recognized that requiring sites to implement an anti-piracy filter “could potentially undermine freedom of information” as well as act as a “serious infringement of the freedom” of Netlog.

Smell that? Sounds like somebody just got served a hot plate of justice.

Of course, would the court to have ruled in the other direction, the reverberations would assuredly been felt on sites like Facebook, Twitter, and YouTube. Because that’s the direction this slippery slope falls and thankfully the court saw the danger of persecuting the ostensible pirates sharing music and movies on, god forbid, a social media site built for sharing things.

Facebook, Twitter Aren’t Required To Have Anti-Piracy Software, Court Says
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  • http://tvworlds.com Keith D Mains

    It’s not the site owners who are doing the sharing it is the people who do that, so surely as that is not ever going to be stopped unless the world suddenly becomes a much fairer place, a much better, more thoroughly thought out solution needs to be considered in regards to these issues.

    Piracy will continue as long as one person is better off than another and as long as one person has skillful means to obtain something rather than using money they will do so.

    That skill may be theft and may not be fair to whatever artist has the IPR but really there is no way to stop this happening without a vast improvement in standards and the standards of living for just people in general.

    That does not look likely to happen IMHO as everyone is out for their self to some extent so people are going to have to accept some losses due to piracy.

    however organised commercially orientated piracy is of course a completely different ball game.

    I don’t know the mathematical figures but I would estimate that most piracy done by sharing is only done by the lower income brackets.

    That factor is where the key to the solution is.

    Don’t get me wrong I am not saying all people that share things walk round in rags but times can be hard and if something can be obtained free or knock off, people will obtain things this way…

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