Sabam vs Scarlet
The First Instance Court of Brussels stated that ISP Scarlet (ex Tiscali) has an obligation to implement technical measures in order to disallow its users to illegally download copyrighted files.
The case can be summarized as follows. Belgian society of authors, composers and publishers, SABAM, sued Scarlet, an access provider. “A lot of Internet users are massively downloading copyrighted works, by way of P2P software, without the authors, composers and publishers having authorised it or having been remunerated,” said a statement from SABAM. “If all Belgian Internet access providers would adopt the technical measures proposed by the expert so that P2P software could no longer be used for exchanging copyright works, this would put an end to the illegal traffic as Belgium is concerned.”
The court has decided that Scarlet need now to implement one or more technical measures in order to stop the copyright infringement, by making it impossible for its subscribers to send or receive music files from the repertoire of Sabam via p2p software. Scarlet also needs to inform Sabam on the technical measures that will be implemented. The decision needs to be implemented in 6 months, or the ISP must pay 2.500 euros/day as damages for non-compliance.
Internet provider Scarlet now strikes back with an appeal.
They figured out that installing the blocking tools and filters would be ten times more expensive than just paying the daily non-compliance fee.
Also Scarlet claims that implementing this technology also restricts the use of ‘legal’ P2P software. For instance, during the summer of 2007, the television network VRT streamed the Tour de France online using P2P.
A lot of issues are at stake here, and it will be really interesting to see what the outcome of the appeal will be.