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International Journal of Law and Information Technology Advance Access published online on October 25, 2008
International Journal of Law and Information Technology, doi:10.1093/ijlit/ean015
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International Journal of Law and Information Technology © Oxford University Press 2008; all rights reserved

In The Aftermath of the Promusicae Case: How to Strike the Balance?

Fanny Coudert and Evi Werkers1

1 Fanny Coudert and Evi Werkers work as legal researchers at the Interdisciplinary Centre for Law and ICT – KU Leuven, IBBT, Sint-Michielsstraat 6 B3000 Leuven (Belgium), tel: +32 16 32 07 75, fax: +32 16 32 54 38, {fanny.coudert{at}law.kuleuven.be; evi.werkers{at}law.kuleuven.be}


  Abstract

Copyright societies are currently pushing for increased private enforcement of intellectual property rights on the Internet, in particular by trying to involve Internet Service Providers (ISPs) in their combat against copyright infringements, and by pushing for new legislative mechanisms. This raises serious legal problems and questions both in terms of the protection of users’ privacy, their right to a fair trial, and the liability of ISPs. This article discusses the difficult task of balancing copyright interests and fundamental rights as debated in the Promusicae case.


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