Tagged: Case C-360/10 SABAM v. Netlog

Case C-360/10 SABAM v. Netlog

While some consider dark clouds to be gathering above internet freedom in Europe, the Court continues to make judgments that protect fundamental rights and the rights of internet users. In SABAM v. Netlog (Case C-360/10 Sabam v. Netlog) the Court had to decide whether a Belgian court could require Netlog, the Belgian equivalent to Facebook, to immediatly cease making available works from SABAM‘s repertoire. The Court held that not only was the injunction requiring Netlog to install a filtering system, which would oblige Netlog to actively monitor all the data of its users and to prevent future IPR-infringements, contrary to article 15 of Directive 2000/31, it was also contrary to the Charter of Fundamental Rights. National authorities are required to “strike a fair balance between the protection of copyright and the protection of the fundamental rights of individuals who are affected by such measures (para. 43).” Applied to this case, the injunction

would result in a serious infringement of the freedom of the hosting service provider to conduct its business since it would require that hosting service provider to install a complicated, costly, permanent computer system at its own expense, which would also be contrary to the conditions laid down in Article 3(1) of Directive 2004/48, which requires that measures to ensure the respect of intellectual-property rights should not be unnecessarily complicated or costly (see, by analogy, Scarlet Extended, paragraph 48).

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