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AP Photo/Yves Logghe

EU Court of Justice rules that ISPs can be forced to block copyright-infringing sites

The ruling allows ISPs to decide the best way to combat copyright violations in their respective country.

THE EUROPEAN COURT of Justice (ECJ) has rules that EU states can order internet service providers (ISP) to block websites that infringe copyright.

The ruling, which dealt with an case brought up by Austria’s highest court,  ruled that while ISPs could be seen as an intermediary to copyright infringement, it will be up to national courts and lawmakers to decide on the best course of action and whether to block certain sites and online content.

The original case concerned two film companies – the German based Constantin Film Verlieh and Wega Filmproduktionsgesellschaft from Austria – which found out their films could be viewed or downloaded from the website, kino.to, without their consent.

After tacking action, the Austrian courts prohibited UPC Telekabel Wien, an Austrian ISP, from allowing its customers access to the site. UPC argued that it shouldn’t be responsible for policing copyright on a site that it had no relationship with and that there was no ruling which said its own customers acted unlawfully.

Also, the measures needed to block certain sites would be very costly and could be technically bypassed by internet users.

Therefore, the ECJ was asked for its take on the EU copyright law, which it noted “does not require a specific relationship between the person infringing copyright and the intermediary against whom an injunction may be issued.”

It also said it wasn’t necessary for copyright holders to prove that the protected content was actually being accessed through the providers they were targeting.

The ECJ said that the national courts can leave it up to the ISPs to decide on the best way of preventing copyright violations.

Read: EU Commissioner calls for continued pressure by police to combat sex trafficking >

Read: No surprises as Irish broadband prices one of the highest in EU >

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26 Comments
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    Mute witemanzingsdablooz
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    Feb 15th 2013, 1:59 PM

    Expect plenty more revelations.

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    Mute tom
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    Feb 15th 2013, 4:12 PM

    ABP is a common name popping up a lot

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    Mute Fiona Fitzpatrick
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    Feb 15th 2013, 4:48 PM

    Looking forward to the rest of the DNeigh results as they come in…

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    Mute Ossi Fritsche
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    Feb 15th 2013, 5:09 PM

    Just hearing some horses that died in Aintree were sold as beef shocking

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    Mute Rory Conway
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    Feb 15th 2013, 5:36 PM

    I’m doing a sub-four -minute mile. Shergar DNA

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    Mute Stephen Mc Elligott
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    Feb 15th 2013, 2:38 PM

    Monaghan just up the road from me. Usually were Very good NEIGHbours until now.

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    Mute John Hennessy
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    Feb 16th 2013, 9:39 AM

    I hope all these products with horse meat in them aren’t just being thrown away. There is nothing wrong with horse meat the only problem with the whole thing is that they didn’t tell us that the products contain horse meat. There are plenty of starving people that would gladly take horse meat burgers.

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    Mute Kathleen Charlonis
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    Feb 15th 2013, 2:15 PM

    Stupid question…doesn’t horse cost more than cows?

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    Mute John Doyle
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    Feb 15th 2013, 2:20 PM

    Apparently not

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    Mute Brian Mc Cabe
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    Feb 15th 2013, 2:22 PM

    I doubt it’s the 100% healthy ones that are ending up in the slaughterhouse.

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    Mute Philip King
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    Feb 15th 2013, 4:51 PM

    We’re not eating racing stallions.

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    Mute Jonny O Brien
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    Feb 16th 2013, 1:53 AM

    the price per kilo of beef paid to the farmer is 4.00- 4.50 per kilo carcass weight …….. I was talking to a farmer the other day and he told me that they just get paid for the carcass…they do not get paid for the organs or the hide (leather) ….
    the price of horsemeat is .90 per kilo………..
    The farmer was telling me that in Ireland that because of the new regulations being brought in with regard to horse ownership that certain people who own a lot of horses have been selling them to knackers (the correct term i.e. buyers of worn-out or unwanted horses ).
    He maintained that you can buy anything from five to ten horses for the price of a cow and that in some cases people who can no longer afford to keep horses are giving them away !

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