ISPs Cannot Be Ordered to Adopt General and Preventive Filtering Systems

Journal of Intellectual Property Law & Practice, 2012

2 Pages Posted: 4 Mar 2012

See all articles by Enrico Bonadio

Enrico Bonadio

City University London - The City Law School

Mauro Santo

Mina Lanfranconi & Associati - Milalegal, Milan

Date Written: 2012

Abstract

In Scarlet Extended SA v SABAM, the ECJ held that EU law precludes the imposition of an injunction by a national court which imposes on internet service providers (ISPs) the adoption, at their expense and for an unlimited period, of a general and preventive filtering system with a view to preventing the illegal sharing of electronic files containing musical, cinematographic, or audiovisual works. In reaching its decision, the court stressed the need to strike a fair balance between copyright protection and the right of ISPs to conduct business freely as well as the right of their customers to protect personal data and receive or impart information.

Suggested Citation

Bonadio, Enrico and Santo, Mauro, ISPs Cannot Be Ordered to Adopt General and Preventive Filtering Systems (2012). Journal of Intellectual Property Law & Practice, 2012, Available at SSRN: https://ssrn.com/abstract=2015318

Enrico Bonadio (Contact Author)

City University London - The City Law School ( email )

London, EC1V OHB
United Kingdom

HOME PAGE: http://www.city.ac.uk/law/

Mauro Santo

Mina Lanfranconi & Associati - Milalegal, Milan ( email )

Milan
Italy

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