The IFPI, the international representative of the recording industry, has instigated legal proceedings against the Belgian ISP Telenet for the unauthorised distribution of music via Usenet (newsgroups). Telenet refuses to block the access to certain newsgroups in its newsservice 'Bommanews'. The ISP argues that providing Usenet services is a 'mere conduit' activity, and under the E-Commerce Directive (2002/58/EC) a provider cannot be held liable for just passing bits. The ISP states: "Telenet does not control the content of data that are being transported over the network by its customers. Telenet acknowledges the right to privacy and the freedom of speech of its customers."

It is the first time that the recording industry attacks an internet provider for offering usenet services, testing the strict non-liability guarantees in the E-Commerce Directive. In a press release about the case, the Belgian ISPA supports Telenet. "As ISPs we don’t initiate the transmission, we don’t select the recipients, and we also don’t select or modify the newsgroup content which is being transmitted." But the ISPA also suggests that it is possible to reach an agreement outside the court. It proposes to set up a joint meeting with IFPI and the FCCU (and/or representatives of the Ministry of Justice). "The outcome of this debate could be a Protocol that describes how the IFPI, FCCU/ the Ministry of Justice and ISPA will handle future manifestations of illegal content in newsgroups."

Press release Telenet (Dutch) and ISPA (English) (09.01.2004)

http://www.telenet.be/overtelenet/persberichten/telenet_wil_klare_taal...