Copyright Statutory Instrument *Update

February 17, 2012

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ISPAI welcomes the ruling of the European Court of Justice published yesterday. It brings clarification to the situation of hosting providers whose services are used to serve third party data. It reinforces the interpretation of the e-commerce directive that ISPs can not be expected to generally monitor customer data for the possibility of that data being copyrighted content which is being used without appropriate permissions. It also brings in to question what might be achieved by the pending SI. ISPAI believes any amendment to copyright law requires careful consideration as to its implications and should only be made through primary legislation.

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