Belgian ISP Held Responsible for File Sharing
Belgian court has ruled that an ISP is responsible for blocking illegal
file
sharing on its network, could set precedent.
A court has ruled that the Belgian ISP Scarlet Extended SA is
responsible for
blocking illegal file-sharing on its network, setting a precedent that
could
affect other ISPs in Europe, according to a recording industry group.
Belgium's Court of First Instance has given the Internet service
provider six
months to install technology to prevent its customers from sharing pirated
music and video files, the International Federation of the Phonographic
Industry said. If it fails to do so it will be fined ,2,500 (US$3,400)
per day,
according to the ruling, published June 29.
The music industry has long sought to hold ISPs responsible for illegal
file-sharing on their networks, although in the U.S. it has been largely
unsuccessful. ISPs have argued that they provide a service like a post
office
or a telephone company, and shouldn't be required to police the traffic on
their networks.
The Brussels ruling is based on Belgium's interpretation of the European
Union's Information Society Directive, often called the E.U. copyright
directive, and as such could set a precedent for other cases in Europe, the
IFPI said.
"The court has confirmed that the ISPs have both a legal responsibility
and the
technical means to tackle piracy. This is a decision that we hope will
set the
mold for government policy and for courts in other countries in Europe and
around the world," IFPI Chairman and CEO John Kennedy said in a statement.
The case stems from a lawsuit filed against the ISP Tiscali SA by the
Belgian
Society of Authors, Composers and Publishers, known as SABAM. Tiscali later
sold its Belgian operation to Scarlet Belgie Holding NV, and the former
Tiscali
business became Scarlet Extended.
The ruling appears to apply only to the Belgian service and not to Tiscali.
Neither company could immediately be reached for comment, and it was
unclear if
Scarlet planned to appeal the ruling.
SABAM said it won a preliminary judgment in the case 2004, and the Belgian
court assigned an expert to study the technical options ISPs can use to
prevent
illegal file sharing. It came up with seven, including a system from
Audible
Magic that creates a "digital fingerprint" for each copyright work and
blocks
their delivery over networks.
Liliana
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