Social networks may not be required to obtain a filter system to set up that should prevent the users copyrighted files with each other share, as the Court of Justice of the European Union in particular.
The statement was made as a result of a lawsuit that the Belgian collecting society Sabam against a social network Netlog conducted. According to Sabam were members of Netlog, Europe now more than 95 million members would have, is guilty of piracy via internet through the sharing of music and movies. In 2009 demanded by Sabam, therefore, that Netlog ‘any unlawful provision of music and audiovisual works” would cease, with a penalty of 1000 euro per violation per day.
According to Netlog came the requirement down to a ‘general toezichtverplichting’ for the site and this would be forbidden according to European Directive 2000/31/EC for electronic commerce. The Court of Justice of the European Union, the site to be in the right.
Such a system would be too large, because of Netlog as a hoster than almost all of the stored information to filter. The system would also on any future breaches should be directed. Also the court held that the cost is disproportionately high for the Netlog, as the site is ‘a complicated, costly, permanent computer system would need to install that only through her would be funded’.
In addition, to draw the European institute of monitoring of profiles on a large scale, a breach of privacy can mean, as to identify users and it was therefore protected personal data can relate to. Finally, it would also the freedom of information in dispute, because perhaps insufficient distinction is made between legal and illegal content, and also legitimate communication may be blocked.
Last year, said the European Court in a similar case between Sabam and Scarlet. In that case, it was to the filtering of internet traffic by one isp, while in this case, Netlog if hostingdienstverlener is considered to be.