European Commission describes its status as “intermediaries between all Internet users and the copyright owners”. Thus, due to “unprecedented increase in opportunities to violate copyright”, the Commission has to explore the possibility of using their “favorable position” to fight digital piracy. In addition, the EC said that online market places and search engines will be forced to take some preventive measures.
A recent report from European Commission seems to suggest involvement by broadband providers, Internet marketplaces and search engines in the fight against digital piracy. The report recalls an earlier directive that was implemented 7 years ago and helped improve enforcement efforts. However, since then the web has created increased opportunities for copyright violation that the Directive didn’t foresee back in 2004. On the one side, the web has provided creators with the new opportunity to market their works. On the other side, Internet has also opened the door to new forms of violations.
The Commission says that part of the problem lies with rights owners who have been “unable” to keep up with the demand of legitimate digital content. Due to this unmet demand, a number of websites are currently hosting or facilitating the unauthorized distribution of copyrighted content, while the existing legislation isn’t suited to solve this problem. In short words, the report suggests that “intermediaries” between users and copyright owners be enlisted to help fighting piracy.
For example, Internet service providers are identified as a “key” component of the web, which allows users to access unauthorized content. Considering the fact that today’s efforts have so far failed to effectively stop or at least decrease the level of Internet infringement, it is decided that more powerful instruments are required.
The report admits that any regulations it considers should respect privacy laws and the protection of personal information. Meanwhile, it also says that it needs to find “a balance between the rights of both parties”.
The problem with the suggestion is that the Commission could never properly address unauthorized file-sharing, because it simply lacks an inherent profit motive. Moreover, it’s impossible to fully quantify what damages have been done to rights owners by each individual file-sharer.
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