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The Responsibility of ISP and Duty of Filtering

  • DONG-A LAW REVIEW
  • 2013, (59), pp.387-412
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Choi, Sang Pil 1

1동아대학교

Accredited

ABSTRACT

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'.

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