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SABAM Vs Tiscali - The Case Is Being Referred To The European Court Of Justice Of Luxemburg
The Court of Appeal of Brussels has pronounced a judgment on Thursday, 28th January 2010, that does not bring any solution yet for the huge financial losses brought about by the millions of illegal exchanges of musical files by way of P2P software.
This decision has to be seen within the framework of the proceedings instituted by the Belgian Society of Authors, Composers and Publishers (SABAM) against the Internet Service Provider (ISP) TISCALI, which has turned into SCARLET and was recently acquired by BELGACOM.
After six years of efforts and several judgments, SABAM takes note of the decision by the Brussels' Court of Appeal to wait for the answer to two preliminary questions put to the European Court of Justice in Luxemburg. Both questions were already analyzed by SABAM in the course of the pending legal procedures. SABAM is thus very confident regarding the answers that will be given by the Court of Justice.
In the meantime, ISPs keep using SABAM's repertoire free of charge in order to increase the value of the Internet subscriptions they are marketing, often with the support of heavy advertising, without any remuneration for the authors of the works concerned.
The Belgian Society of Authors, Composers and Publishers is yet again obliged to wait for a final court decision. Nevertheless, SABAM is appealing to the political world to take urgent and drastic measures within the framework of the coming Belgian presidency of the European Union in order to allow creators/artists to live from the fruits of their work and to guarantee the perpetuity of the Belgian cultural legacy.
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