Posted on November 30, 2011 by Winston Maxwell

ISPs agree to 'five strikes' graduated response

Hogan Lovells partner Daniel Brenner speculates on the impact of the July 2011 Memorandum of Understanding between major U.S. ISPs and content owners.   The Center for Copyright Information (CCI) will be responsible for administering the new gradu ated response system, and for defining privacy standards that right holders and ISPs must apply.  Will the mitigation measures promised by ISPs be effective in curbing copyright piracy?   Will the MOU's limitation to P2P exchanges limit the system's effectiveness?   Read the full story here.

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Posted on August 1, 2011 by Winston Maxwell

SABAM: advocate general highlights tension between privacy and copyright

The advocate general of the European Court of Justice issued his long awaited opinion in the SABAM case, a case that discusses the ability of ISPs to filter Internet content in order to detect illegal copyright infringements.  The advocate general highlights the tension between privacy rights and copyright, and the criteria that must be satisfied in order for a filtering measure to be constitutionally valid in Europe.  In the SABAM case, the advocate general found that one of the constitutional criteria was lacking, because Belgium had not enacted a specific law that would permit the kind of filtering that had been ordered by the court in the SABAM case.   The opinion is summarized by Hogan Lovells privacy lawyer Winston Maxwell in a recent article.  The article also discusses the TalkTalk case in the United Kingdom.

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