The Fight Against Piracy in Peer-to-Peer Networks: the Sword of Damocles Hanging over ISP's Head?
نویسندگان
چکیده
During the past few years copyright holders and holders of related rights have started to legally challenge peer-to-peer networks. Their latest strategy consists of trying to actively involve Internet Service Providers (ISPs) in this combat, e.g. through the implementation of filters. This development raises legal problems and questions both in terms of the liability of ISPs and the protection of privacy of their clients. This paper discusses the difficult task of balancing copyright interests and fundamental rights which as the European Court of Justice clearly stated in the Promusicae case remains a matter of Member States.
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