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Social networking websites cannot be forced to install filters preventing users from illegally sharing music and videos protected by copyright, the European Union's top court said on Thursday.

The EU Court of Justice ruled that such an obligation to monitor content would go against EU rules that ensure a "fair balance" between protecting copyright and defending personal data and the freedom to conduct business.

"The owner of an online social network cannot be obliged to install a general filtering system, covering all its users, in order to prevent the unlawful use of musical and audio-visual work," the court said in a statement.

The case stemmed from a complaint filed by SABAM, a Belgian management company responsible for authorising the use of music of authors, composers and editors, against Netlog NV, a website based in Flanders.

SABAM charged that Netlog enables users to post music and videos in SABAM's repertoire without the company's consent and without the website paying any fee.

The management company sought an injunction from a Belgian court to force Netlog to stop allowing users to post such material and pay a 1,000 euro ($1,300) penalty for each day it delays complying with the order.

Netlog countered that such an order would amount to imposing a general obligation to monitor content in violation of the EU's E-commerce directive. The Luxembourg-based top court sided with Netlog.

The EU Court of Justice issued a similar ruling in November, rejecting SABAM's bid to secure an injunction against Internet service provider Scarlet Extended SA.

The judges ruled that a national court cannot impose an injunction ordering an Internet provider to install a filtering system for all electronic communications, saying it is too expensive for the company and could infringe on people's fundamental rights.

The latest decision is another defeat for backers of web filters, including artists and the enterainment industry, who are fighting to protect their work from circulating freely on the Internet.

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Social networks can't be forced to impose filters: EU court

15-02-2012 03:48 As novel as it sounds, Mardan's 18-year-old Shahzad has developed a social networking portal that does not require an internet connection -- "Smile SMS". tribune.com.pk

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Social networking redefined: Mardan boy develops SMS-based portal - Video

BRUSSELS -- A European Union court ruled Thursday that social networking sites cannot be compelled to install general filters to prevent the illegal trading of music and other copyrighted material.

The decision is a victory for operators of social networking sites in the EU, but a setback for those who seek to protect copyrighted material from being distributed without payment or permission.

It also comes as protests are growing in Europe against ACTA, the proposed international Anti-Counterfeiting Trade Agreement, which is meant to protect intellectual property rights.

In Thursday's decision, the EU Court of Justice, which is based in Luxembourg, ruled that requiring general filters that would cover all the site's users would not sufficiently protect personal data or the freedom to receive and impart information.

SABAM, a Belgian company that represents authors, composers and music publishers, filed the lawsuit leading to Thursday's ruling. In it, the company objected to the practices of Netlog NV, a social networking site, saying users' profiles allowed protected works to be shared illegally.

Michael Gardner, head of the intellectual property practice at London law firm Wedlake Bell, called the ruling a further blow to copyright owners because it appears to rule out forcing operators of social network sites and Internet service providers -- at their own expense -- to impose blanket monitoring and filtering aimed at stopping

infringements.

In November, SABAM lost a separate case in which it sought to require Internet service providers to install filters that would prevent the illegal downloading of files.

Gardner said the ruling would not stop copyright owners from seeking more limited injunctions against social networking sites or Internet service providers, but he said the injunctions would have to be more "proportionate" in scope and effect.

"Under EU law, there has to be a balance between the interests of copyright owners and the rights of privacy and freedom of expression," he said. "So far, the courts seem to have rejected the draconian solutions urged on them by the rights owners."

Mark Owen, head of the intellectual property practice at London law firm Harbottle & Lewis, said the new ruling shows how difficult it can be to protect intellectual property.

"As clouds continue to gather around Anti-Counterfeiting Trade Agreement and other attempts to control online use of copyright works, today's ruling from the European Court provides a useful illustration of the practical challenges enforcement poses," Owen said.

--------

Satter reported from London. Follow Don Melvin at http://twitter.com/Don--Melvin

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EU court: Social networks shouldn't have to filter for copyright

Social media is on the rise. Whether it’s a new app running on the Facebook platform, or an entirely new social networking service (like Google+), it seems 2011 is the year when social media really shined. This is well-exemplified in how social media played a big part in a handful of issues that were relevant on a global scale — like the Arab Spring, Occupy movements, and national elections in some countries.

James Craven, managing director of Tech Wire Asia’s parent company Hybrid News, points out how 2011 “will be remembered as the year when social media gave voice to some of the world’s most disenfranchised people,” in the final session of the World Bloggers Summit in Malaysia.

In this Sunday, Feb. 5, 2012 photo, Syrian protesters wave a revolutionary flag during a demonstration in Idlib, Syria. President Bashar Assad's government vowed Sunday to continue its crackdown on a nearly 11-month-old uprising that has become one of the deadliest of the Arab Spring.(AP Photo)

While social networks and applications have existed for almost a decade now (even further back, depending on how you define “social media”), it does seem that it was last year when social media users really tested the mettle of social apps and services. 2011 meant “heady times for social media and Asia’s politics scene.” In Singapore, for example, the use of social media has given marginal or independent politicians a voice. Twitter and Facebook also played a big part in the Arab uprisings in that year.

But it’s not always a bed of roses for social networks in the region, given concerns about censorship and control of information. We know that China is notorious for its censorship policies, to the extent of establishing its so-called Great Firewall of China, through which all (legal) information flows. Other countries have likewise followed suit, to some extent, like Thailand and India, which have been in approval of Twitter’s plan to selectively censor tweets.

It’s still a challenge, both for social media users and those who run the social networks. Even with China banning Twitter and Facebook, the country has one of the most active social networking scenes, and users have perhaps adjusted to the strict information regime, and are making sure their voices are heard without necessarily offending those in power. Is the spirit of social media still alive in this sense?

For those intent on better-harnessing the power of social media in their organizations — whether political or not — James gives a few tips, which include transparency, engagement, relevance, and an understanding of the nuances of each social networking application. Blogs are given a particular highlight, because of the wide misuse by organizations as mere PR outlets rather than journals that present personal views and standpoints. (You can check out a few soundbytes here.)

In the end, the rise of social media opens up more questions and challenges than answers. “[T]his watershed represents a whole new world of challenges, and a whole new range of opportunities for the flow of information in a truly global online social village.” Let’s take these as opportunities to learn and to shape our world — virtual or real — for the better.

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BRUSSELS (AP) — A European Union court ruled Thursday that social networking sites cannot be compelled to install general filters to prevent the illegal trading of music and other copyrighted material.

The decision is a victory for operators of social networking sites in the EU, but a setback for those who seek to protect copyrighted material from being distributed without payment or permission.

It also comes as protests are growing in Europe against ACTA, the proposed international Anti-Counterfeiting Trade Agreement, which is meant to protect intellectual property rights.

In Thursday's decision, the EU Court of Justice, which is based in Luxembourg, ruled that requiring general filters that would cover all the site's users would not sufficiently protect personal data or the freedom to receive and impart information.

SABAM, a Belgian company that represents authors, composers and music publishers, filed the lawsuit leading to Thursday's ruling. In it, the company objected to the practices of Netlog NV, a social networking site, saying users' profiles allowed protected works to be shared illegally.

Michael Gardner, head of the intellectual property practice at London law firm Wedlake Bell, called the ruling a further blow to copyright owners because it appears to rule out forcing operators of social network sites and Internet service providers — at their own expense — to impose blanket monitoring and filtering aimed at stopping infringements.

In November, SABAM lost a separate case in which it sought to require Internet service providers to install filters that would prevent the illegal downloading of files.

Gardner said the ruling would not stop copyright owners from seeking more limited injunctions against social networking sites or Internet service providers, but he said the injunctions would have to be more "proportionate" in scope and effect.

"Under EU law, there has to be a balance between the interests of copyright owners and the rights of privacy and freedom of expression," he said. "So far, the courts seem to have rejected the draconian solutions urged on them by the rights owners."

Mark Owen, head of the intellectual property practice at London law firm Harbottle & Lewis, said the new ruling shows how difficult it can be to protect intellectual property.

"As clouds continue to gather around Anti-Counterfeiting Trade Agreement and other attempts to control online use of copyright works, today's ruling from the European Court provides a useful illustration of the practical challenges enforcement poses," Owen said.

____

Satter reported from London. Follow Don Melvin at http://twitter.com/Don_Melvin

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EU court: Web sites need not check for IP breaches