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@article{ART001773321},
author={Choi, Sang Pil},
title={The Responsibility of ISP and Duty of Filtering},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2013},
number={59},
pages={387-412}

TY - JOUR
AU - Choi, Sang Pil
TI - The Responsibility of ISP and Duty of Filtering
JO - DONG-A LAW REVIEW
PY - 2013
VL - null
IS - 59
PB - The Institute for Legal Studies Dong-A University
SP - 387
EP - 412
SN - 1225-3405
AB - In 2004, the Belgian rights management society took Scarlet to court over its customers' unauthorised peer-to-peer sharing of musical works. The Brussels Court of First Instance imposed burden on Scarlet to filter its networks, Scarlet took the case to the Brussels Court of Appeal. The appeal court asked the European Court of Justice (ECJ), whether ISP stand in duty of filtering or not. The court order was probably illegal, because EU laws protect the privacy of communications, the right to protection of personal data, and freedom of information. It should be keep the balance between the protection of intellectual property and the regard of personal right and freedom. The constitutionalism means that the rule of law is to set store by public opinion, and it should be achieve when the copyright-holder harmonize his interest with others'.
KW - ISP;privacy of communications;filtering;intellectual property;freedom of information
DO -
UR -
ER -

Choi, Sang Pil. (2013). The Responsibility of ISP and Duty of Filtering. DONG-A LAW REVIEW, 59, 387-412.

Choi, Sang Pil. 2013, "The Responsibility of ISP and Duty of Filtering", DONG-A LAW REVIEW, no.59, pp.387-412.

Choi, Sang Pil "The Responsibility of ISP and Duty of Filtering" DONG-A LAW REVIEW 59 pp.387-412 (2013) : 387.

Choi, Sang Pil. The Responsibility of ISP and Duty of Filtering. 2013; 59 : 387-412.

Choi, Sang Pil. "The Responsibility of ISP and Duty of Filtering" DONG-A LAW REVIEW no.59(2013) : 387-412.

Choi, Sang Pil. The Responsibility of ISP and Duty of Filtering. DONG-A LAW REVIEW, 59, 387-412.

Choi, Sang Pil. The Responsibility of ISP and Duty of Filtering. DONG-A LAW REVIEW. 2013; 59 387-412.

Choi, Sang Pil. The Responsibility of ISP and Duty of Filtering. 2013; 59 : 387-412.

Choi, Sang Pil. "The Responsibility of ISP and Duty of Filtering" DONG-A LAW REVIEW no.59(2013) : 387-412.