Privacy and Piracy in Cyberspace: Justice for All

Journal of Intellectual Property Law & Practice 2013 Vol. 8, Issue 12, p. 952-956

5 Pages Posted: 2 Oct 2013 Last revised: 1 May 2015

Date Written: October 24, 2013

Abstract

This article is about how privacy and piracy lock horns in everyday practice. It outlines three challenges right holders and ISPs face every day, when piracy tries to hide behind privacy: uncertainty, costs and delay.

Apart from only balancing the right of privacy against the right of (intellectual) property, the author also introduces a third element: the right to effective remedy.

The article concludes that the challenge is not in the ‘if’ but in the ‘when’ and ‘how’ ISPs can be obliged to disclose personal data. This requires new research, with a more practice-oriented approach, focusing on two elements: (1) a robust uniform decision making model, allowing for a ‘fair balance between all fundamental rights’, of all stake holders involved, (‘when’); (2) such model needs to benefit from (cost-)effective procedures, to the benefit of all (‘how’).

The article also discusses recent developments in the field of IP enforcement, including the decisions from the European Court of Justice in Promusicae, LSG and Bonnier Audio.

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Keywords: PRISM, piracy, privacy, IP, ISP, Promusicae, LSG, Bonnier Audio, data, intellectual property, Internet, Internet Service Providers, personal data, balancing, human rights, enforcement, Facebook, Google, Apple, effective remedy, freedom to conduct a business, Declaration of Human Rights, Tsoutsanis

JEL Classification: K00, K10, K13, K14, K19, K20, K29, K30, K33, K39, K40, K41, K42, K49, A12, D63, D74, E61, L50, L51

Suggested Citation

Tsoutsanis, Alexander, Privacy and Piracy in Cyberspace: Justice for All (October 24, 2013). Journal of Intellectual Property Law & Practice 2013 Vol. 8, Issue 12, p. 952-956 , Available at SSRN: https://ssrn.com/abstract=2333931

Alexander Tsoutsanis (Contact Author)

DLA Piper ( email )

Amstelveenseweg 638
Amsterdam, 1081 JJ
Netherlands

HOME PAGE: http://www.dlapiper.com/en/netherlands/people/t/tsoutsanis-alexander/

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