Enforcement of Copyright Holders’ Rights Must Strike a Fair Balance with Other Fundamental Rights Rules ECJ

The European Court of Justice (ECJ) recently ruled on this issue involving the intersection of protecting copyrights and protecting the freedom to conduct business, the protection of personal data and the freedom of information (paraphrased):

Consistent with EU Directives and the European Convention on the Protection of Human Rights and Fundamental Freedoms, are Member States permitted to authorize a national court to order an ISP to install a system for filtering all electronic communications on its network, particularly those using peer-to-peer software, for the purpose of identifying electronic files containing musical and other works in which the applicant seeking the order claims to hold rights, and to block the transfer of such files?

(Opinion paragraph 28).

 

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