ISPs and online piracy
It sometimes seems as if copyright holders are fighting an impossible war against online piracy, and recent court judgments may not make things any easier, say Bartłomiej Kochlewski and Maria Jurek.
Piracy and copyright infringements on the Internet have become an issue not just for the copyright holders and the persons who make direct unauthorised use of the copyright items or pirated goods. It is becoming more common for IP rights holders to undertake steps against intermediaries such as Internet service providers (ISPs) to hold them accountable for acts of copyright or trademark infringements.
Such steps undertaken by rights holders have started a discussion about the necessity of striking a balance between the need to protect IP rights and the right of freedom to conduct a legitimate business, as well as the fundamental rights of the users of the ISPs. The rights at stake for users are protection of their personal data and privacy.
Addressing those issues in Europe requires a joint interpretation of the provisions of:
