Comment: Re:first! (Score 1) 65
No probably the http://europa.eu/about-eu/institutions-bodies/court-justice/index_en.htm which is supposed to upheld the "federal EU legislation" against the local governments and in generally gets involved in almost every principal case as a standard practice by the local supreme courts, the fact that few cases actually make it all the way is due to a process of advisory where the national court ask the EU court for advice, on cases where EU law may be relevant.
The interesting thing is that the main tactics in the war on "fair use" seams to be outsourcing the regulation to private parties who does not get a realistic choice to refuse a takedown request as it will always be both more expansive and more risky to defend their customers rights then not.
This allow some interesting legal doublethink in the context of the US supreme court where you can protect the "freedom" of the "oppressor"(telco) instead of the "oppressed"("uploader"), by granting corporation a privileged personhood status,something that is a bit harder with the general EU legislation because corporation and consumer tend to be more clearly defined.
The basic tactic is to avoid involving the courts, as it spread the risk of financial loss move evenly between the accuser and accused in favor of a "private" pseudo system where it's almost free to accuse and expansive to defend, when things go to court the content industry almost always get's less then they ask for, if anything at all.
The interesting thing is that the main tactics in the war on "fair use" seams to be outsourcing the regulation to private parties who does not get a realistic choice to refuse a takedown request as it will always be both more expansive and more risky to defend their customers rights then not.
This allow some interesting legal doublethink in the context of the US supreme court where you can protect the "freedom" of the "oppressor"(telco) instead of the "oppressed"("uploader"), by granting corporation a privileged personhood status,something that is a bit harder with the general EU legislation because corporation and consumer tend to be more clearly defined.
The basic tactic is to avoid involving the courts, as it spread the risk of financial loss move evenly between the accuser and accused in favor of a "private" pseudo system where it's almost free to accuse and expansive to defend, when things go to court the content industry almost always get's less then they ask for, if anything at all.