Scarlet Extended SA v. Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM)
European Union Court of Justice
Case C-70/10 (2011)
- Written by Eric Miller, JD
Facts
The Société belge des auteurs, compositeurs et éditeurs SCRL, also known as SABAM (plaintiff), represented the copyright interests of authors, composers, and editors of musical works. In 2004, SABAM noticed that copyrighted works of its clients were being downloaded through peer-to-peer file-sharing software. SABAM brought suit against the relevant internet service provider (ISP), Scarlet Extended SA (Scarlet) (defendant), in the Belgian court system. SABAM sought a court order requiring Scarlet to set up a system through which the sharing of files could be monitored and, in the case of copyright-protected works, blocked. The court issued the order. Scarlet appealed, arguing that it lacked the ability to implement such a system and that monitoring of internet users’ activities would constitute a violation of privacy rights under European Union law. The appeals court referred the matter to the European Union Court of Justice for a preliminary ruling.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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