By Marsha Sukach
EU Court Says Social Networks Cannot Be Forced to Monitor Users
The European Court of Justice ruled that social networks cannot be required to monitor users solely for the purpose of stopping piracy, reports CNET. The court said that such a requirement created a complicated and costly burden on the sites, and that it might endanger the privacy of user data by forcing sites to identify and analyze information connected to user profiles. According to the Wall Street Journal, the ruling came after a Belgian copyright manager, SABAM, filed a lawsuit against social network Netlog NV for allowing users to access SABAM’s portfolio of music and video. This ruling is notable because it comes just after two anti-piracy bills—the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA)—became controversial issues in the United States. Critics of these acts argued that enabling law enforcement to erase sites containing allegedly pirated material would also put legitimate sites in danger.
Minnesota Court Denies Restraining Order for Harassing Photos
Olson v. LaBrie, 2012 WL 426585 (Minn. App. February 13, 2012)
Appellant sought a harassment restraining order against his uncle, claiming that his uncle posted embarrassing family photos of appellant on Facebook, with mean commentary. According to the Technology and Marketing Law Blog, the Court of Appeals of Minnesota affirmed the trial court’s denial of the restraining order, saying that photos and comments were mean and disrespectful, but cannot form the basis for liability. According to Internet Cases, the court derived the definition of harassment from the statute, which provides that a restraining order is appropriate to guard against “substantial adverse effects” on the privacy of another. The court refused to consider common law invasion of privacy violations to determine whether the statute called for a restraining order.
Associated Press Sues News Aggregator Over ‘Parasitic Business Model’
The Associated Press is suing Meltwater Group, a paid news subscription company, saying that Meltwater’s subscription service charges a fee for “content created at the expense and through the labor of others.” Ars Technica reports that Meltwater has about 18,000 customers, who pay at least $5,000 annually for searchable content that the company gathers from 162,000 online news sources. According to the International Business Times, the AP is asking a federal judge to block the service from continuation and seeks damages up to $150,000 per infringement. Meltwater has responded that it respects copyright, and merely performs the services of a search engine, customized for paying customers who use it to track stories via keywords. Flash Digest covered a similar suit in 2009, in which the AP defeated All Headline News, a company that repurposed AP content for its subscribers.