Belgian copyright firm loses second EU court battle against piracy

Feb 16, 2012, 11:18 GMT

Luxembourg - A Belgian copyright company lost a second battle Thursday before the European Union's top court to force an internet firm to adopt filtering systems preventing the illegal sharing of songs and videos.

SABAM - the Belgian Society of Authors, Composers and Publishers - filed a court injunction in 2009 against Netlog, a Belgian social networking website, asking it to prevent subscribers from sharing copyrighted material from SABAM's repertoire.

It also asked the Brussels Court of First Instance to fine Netlog 1,000 euros (1,300 dollars) for each day of non-compliance with its requests.

But the EU's Court of Justice - which was asked to weigh in on the matter - said SABAM's requests clashed with the need to ensure 'a fair balance' between the protection of intellectual property on one hand and business and privacy rights on the other.

It noted that EU directives ban the 'general monitoring of information' transmitted on the internet, and added that Netlog's 'freedom to conduct its business' would be 'seriously' harmed by the obligation 'to install a complicated, costly, permanent computer system at its own expense.'

The Luxembourg-based court also found that monitoring the files shared by Netlog's subscribers might breach their right to protection of personal data and their freedom to protect or impart information, as safeguarded by the EU's Charter of Fundamental Rights.

EU judges reached a similar conclusion in November, when asked to weigh in on SABAM's request that Scarlet Extended, an internet service provider, should adopt a filtering system to prevent the illegal download of music through peer-to-peer networks.