chissà cosa ne pensano i Commissari Agcom Mannoni e Martusciello che, a quanto capisco, giusto qualche giorno fa mi pare sostenessero l'esatto contrario...
Today's ECJ decision will have a dramatic impact in the national and European debate regarding copyright infringement in the Internet and the modalities to fight online piracy.
The ECJ has stated that a generalized filtering obligation cannot be imposed on ISPs to detect copyright infringements, because the copyright is important but not inviolable; therefore copyright protection cannot affect other important rights and in particular:
- the right of ISP to abstain from monitoring/checking the traffic in the Internet (right laid down by the Electronic Commerce Directive);
- the right of privacy of third parties, whose private communications may be accessed without authorization:
- the freedom of speech right of European citizens, whose communications may be blocked;
- the proportionality principle, since the filtering obligation would be complicated, costly and in any case should not be paid by the ISP.
The ECJ sentence will now constitute a solid guidance for the European Commission, which in the next 2 years will have to shape:
- the regime for the development of digital content in the Internet (Green Paper was just put in consultation);
- fight to online piracy (revision of copyright enforcement directive);
- basic rules for electronic commerce (a communication is expected by December 8).
The ECJ sentence will now frustrate all anti-piracy measures, of legislative or self-regulatory origin, which rely on filtering technologies (Italy, Ireland, UK, various draft bills in various countries). Also French Hadopi is at risk, in my opinion, because it may imply filtering measures used by right-holders.
Finally, the ECJ sentence implicitly backed and support Commission Kroes's position whereby the development of digital content in the Internet needs new business models and reform of the copyright system, rather than strengthening repressive measures.