Modèle:ConsultCE2014:No additional involvement of technical intermediaries in the application of copyright

From La Quadrature du Net
Revision as of 19:08, 19 January 2014 by Yost (talk | contribs)
Jump to navigationJump to search

15. No additional involvement of technical intermediaries in the application of copyright

In the section VI of the public consultation, the Commission asks whether “the current legal framework [is] clear enough to allow for sufficient involvement of intermediaries (such as Internet service providers, advertising brokers, payment service providers, domain name registrars, etc.) in inhibiting online copyright infringements with a commercial purpose” and “If not, what measures would be useful to foster the cooperation of intermediaries?". The desire to involve and make responsible technical intermediaries, which was also at the heart of SOPA and ACTA, can be clearly seen here.

Such measures constitute a headlong rush into the repressive spiral that characterizes the evolution of copyright for years. They are of such a nature as to affect the freedom of expression online, as well as jeopardizing essential guarantees of citizens' rights which require the intervention of a judge after a fair trial. The principles applicable to the liability of technical intermediaries are regulated by Directive 2000/31/EC on electronic commerce, as well as the jurisprudence of the European Courts. The revision of the Directive on copyright should not lead to weaken the status of these key players.