AG Says Court Ordered Internet Filtering Targeting Online Piracy Conflicts with EU Rights Charter

摘要

Copyright holders intent on getting a court order to force internet service providers to block or filter illegal downloading over their networks suffered a potential setback on April 14 when the Court of Justice's top legal advisor insisted that such measures are in violation of the European Union Charter of Fundamental Rights. CJEU Advocate General Pedro Cruz Villalon (C-70/10) stated that the only way mandatory blocking or filtering can be forced on internet service providers is via national legislation that mandates such action. The Advocate General's Opinion is not binding but it is adhered to by the Court of Justice in about 80% of all cases.