Quote:
Originally Posted by Arrghus
It's a slippery slope.
Also, in effect, following this ruling ISPs WILL have to police the internet, as they will not want to have to pay the legal fees BT have undoubtedly incurred as this case went to through the courts. They will want to avoid having to be ruled over.
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I think actually the opposite is the case, BT wanted a clear court ruling forcing it to do this.
Under EU law ISPs are not responsible for the information that passes through their systems provided that they are mere carriers of the information.
Defined as:
Quote:
“Article 12
‘Mere conduit’
1. Where an information society service is provided that consists of the
transmission in a communication network of information provided by
a recipient of the service, or the provision of access to a
communication network, Member States shall ensure that the service
provider is not liable for the information transmitted, on condition that
the provider:
(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; and
(c) does not select or modify the information contained in the
transmission.
[...]
3. This Article shall not affect the possibility for a court or administrative
authority, in accordance with Member States' legal systems, of
requiring the service provider to terminate or prevent an infringement.
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So if they
chose to block content, they would lose the protection provided by their mere conduit status. However if they are
forced to do so by a court order, it does not affect their status.