Translation of SABAM v. Scarlett

Justin Hughes , Fran Mady and Julien Bourrouilhou (Yeshiva University – Benjamin N. Cardozo School of Law) have posted English Translation of Sabam V. S.A. Tiscali (Scarlet), District Court of Brussels, 29 June 2007 on SSRN. Here is the abstract:

SABAM v. Scarlett is a June 29, 2007 decision from a Belgian trial court ordering an ISP in that country to install filtering software to prevent the ISP’s users from accessing unauthorized music downloads via peer-to-peer systems. The court made this order following an expert report on the feasibility of such filtering. The decision has generated a fair amount of controversy and this translation is intended to provide intellectual property teachers and practitioners with a citable, English source for the opinion. Users are welcome to reproduce the translation, in whole or in excerpts, for any non-profit educational, non-profit research, or other non-commercial purpose. This translation inaugurates the “translation series” in the Cardozo Arts & Entertainment Law Journal; the translators welcome comments.