un fournisseur d'accès à Internet ne peut pas être contraint de filtrer les téléchargements de tous ses clients pour lutter c...

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L’Europe bloque une demande de filtrage généralisé du Net

Posted by TrueLiesAdmin on novembre 25th, 2011 at 10:00

La Cour de justice de l’Union européenne estime qu’un fournisseur d’accès à Internet ne peut pas être contraint de filtrer les téléchargements de tous ses clients pour lutter contre le piratage.

• Une bataille engagée il y a sept ans. La Sabam est l’équivalent belge de la Sacem française, un organisme de gestion et de perception des droits d’auteur. En juin 2004, la Sabam a attaqué en justice un fournisseur d’accès de son pays, Scarlet, dont les clients échangeaient de la musique sans autorisation sur les réseaux «peer-to-peer». Elle lui a demandé de mettre en œuvre tous les moyens techniques pour empêcher ce piratage, en filtrant les échanges de fichiers de ses abonnés. En juin 2007, le tribunal de première instance de Bruxelles lui a donné raison. Mais le FAI Scarlet a fait appel. La cour s’est alors tourné vers la justice européenne, pour connaître son interprétation du droit communautaire. C’est cette décision qui a été rendue jeudi.• L’avis de la justice européenne. La Cour de justice de l’Union européenne (CJUE) reconnaît que la protection de la propriété intellectuelle est «consacrée» par la charte des droits fondamentaux de l’UE. Cet objectif, rappelle-t-elle, doit toutefois être «mis en balance» avec la protection d’autres droits fondamentaux, comme la liberté d’entreprise des fournisseurs d’accès à Internet, la liberté des clients de recevoir ou de communiquer des informations, et la protection de leurs données personnelles. Selon la CJUE, la demande la Sabam ne respectait pas cet équilibre. La lutte contre le piratage, dit-elle, ne peut pas donner lieu, aux frais des FAI, «à une surveillance active de l’ensemble des données de chacun de ses clients afin de prévenir toute atteinte future à des droits de propriété intellectuelle».

• La porté de cette décision. Il s’agit d’un camouflet pour la Sabam, puisque la justice belge va se référer à cet avis pour se prononcer en appel. Mais la décision, d’une importance majeure, vaut aussi pour les juridictions de tous les autres États membres. Or, l’avis de la CJUE ne se limite pas au piratage par «peer-to-peer» et s’applique à toutes les formes de filtrage. En clair, il porte aussi un coup d’arrêt aux tentatives d’empêcher la lecture des films et des séries télévisées sur les plates-formes illégales streaming par l’instauration d’un système de filtrage à grande échelle. «Les décideurs publics doivent prendre acte de cette décision en refusant une fuite en avant répressive», commente la Quadrature du net, organisation de défense des droits sur Internet. Sur Twitter, la commissaire européenne chargée des nouvelles technologies, Neelie Kroes, a salué cette «clarification».

La décision de la CJUE n’évacue cependant pas définitivement la question du filtrage. Des États membres pourront toujours tenter de déployer des systèmes de filtrage plus ciblés que celui demandé par la Sabam. Dans un communiqué, la Fédération internationale de l’industrie phonographique (IFPI), qui porte les intérêts de l’industrie du disque, rappelle aussi que l’avis européen ne concerne pas le blocage. Cette technique est moins radicale et intrusive que le filtrage. Elle fonctionne par un système de listes noires de sites interdits, bloqués par les FAI, mais n’analyse pas en temps réel le type de contenus visualisé par les internautes. Le blocage est déjà à l’œuvre en France pour restreindre l’accès à des services de jeu en ligne non autorisés ou aux sites pédopornographiques.

Source : LeFigaro.fr

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