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Mlynar (2015) A Storm in ISP Safe Harbor Provisions

A Storm in ISP Safe Harbor Provisions: The Shift From Requiring Passive-Reactive to Active-Preventative Behavior and Back

by Vojtech Mlynar

in Intellectual Property Law Bulletin (citation: 19 Intell. Prop. L. Bull. 1 2014-2015)

Although factually similar to the previous action, content
ISPs as well as legal practitioners paid close attentiono3 to the Court of
Justice's decision because it was not clear whether the court would extend
the Scarlet reasoning concerning an access ISP to services offered by
content ISPs.

Reference: Monica Horten, Sabam v. Scarlet- Will the ECJ Open Europe to Filtering Orders?,
IPTEGRITY.COM (Jan. 13, 2011),

Vojtech Mlynar

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About Iptegrity

Iptegrity.com is the website of Dr Monica Horten, independent policy advisor: online safety, technology and human rights. Advocating to protect the rights of the majority of law abiding citizens online. Independent expert on the Council of Europe Committee of Experts on online safety and empowerment of content creators and users.  Published author, and post-doctoral scholar, with a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing.  Former telecoms journalist,  experienced panelist and Chair, cited in the media eg  BBC, iNews, Times, Guardian and Politico.