Legal context Until the Geneva Treaties provided the communication to the public right copyright law struggled to provide a coherent response to filesharing of music and films. Liability for uploaders was established but in practical terms this was not effective. Visiting liability on telecommunications networks and ISP's was not possible in the light of the international consensus that such entities should enjoy a measure of immunity. The music industry in particular has launched successful actions against software providers and end users by resorting to either contributory infringement or authorising infringement. Safeguards against invasion of privacy are put in place but these do not guarantee that the means of collecting evidence are necessarily lawful and the Dutch decision denying BREIN access to the identities of suspected filesharers because of data capture techniques is to be welcomed. Music, film and broadcast rightholders are now using Norwich Pharmacal and notice and take down proceedings to force ISP's cooperate in enforcing copyright law.
展开▼
