No Surprise: EU Law Rules Out General Monitoring Obligation
On Thursday 24 November, the European Court of Justice ("ECJ") rendered its decision in Scarlet v Sabam (C-70/10). The decision is in line with the Opinion of the Advocate General Cruz Villalón and therefore holds few surprises.
The case centers on questions referred by the Brussels Court of Appeal to the ECJ regarding Scarlet, an Internet Service Provider ("ISP"). Scarlet was ordered by a Belgian court to make it impossible for its customers to share files that infringe rights held by members of SABAM, the Belgian Society of Authors, Composers and Publishers.
The ECJ held that EU law rules out the...
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