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© 2026 Benzinga | All Rights Reserved
November 25, 2011 10:07 AM 2 min read

EU Ruling is Bad News for IP Companies

by Daniel James Hayden IV
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The European Court of Justice overruled a Belgian court's ruling that placed the burden of filtering illegal content on Internet service providers. The court ruled that while intellectual property owners were free to ask Internet service providers to block the websites of known copyright violators, they could not force ISPs to monitor and filter content being accessed by the ISPs' customers. The European Court of Justice, which is the European Union's highest court, said that the requirement to make an ISP filter the content shared between its users was in violation of the European Union's E-Commerce Directive. The court was also concerned that the filter would inevitably block some legal content and that it violated the rights of ISP customers. Consumers and Internet service providers alike applauded the court's verdict. The idea of an ISP filtering the information obtainable to its customers and reporting possible violators to the authorities isn't a popular one anywhere in the world. For their part, Internet service providers don't want to be tasked with policing their customers' use of the Internet. The ruling comes as a blow to music companies in particular and other businesses that see a large portion of their sales lost to illegal downloads. While the European Court of Justice did say that intellectual property owners like Warner Music Group and Universal Music Group do have a right to fight illegal downloading, they can't force Internet service providers to pay for expensive filtering systems that violate the rights of European consumers.
ACTION ITEMS:

Bullish:
Traders who believe that the court's decision could hurt music, video and software sales in Europe might want to consider the following trades:

  • Companies whose customer bases are made up of business users should be largely unaffected by the ruling. Stocks like Salesforce.com (NYSE: CRM) and Oracle (Nasdaq: ORCL) could do well as long as businesses keep spending, no matter how widespread illegal file sharing becomes in Europe.
Bearish:
Traders who believe that the court's ruling could deal a significant blow to intellectual property owners may consider alternate positions:

  • Traders could short the stocks of companies like Sony (NYSE: SNE) if they feel that Europeans could be emboldened by the court's ruling to increase the amount of music, movies and video games that they illegally download.
Neither Benzinga nor its staff recommend that you buy, sell, or hold any security. We do not offer investment advice, personalized or otherwise. Benzinga recommends that you conduct your own due diligence and consult a certified financial professional for personalized advice about your financial situation.
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© 2026 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.

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Posted In:
Long IdeasNewsShort IdeasLegalEventsGlobalTechTrading IdeasEuropeUniversal Music Group
CRM Logo
CRMSalesforce Inc
$191.550.10%
Overview
ORCL Logo
ORCLOracle Corp
$143.400.40%
CRM Logo
CRMSalesforce Inc
$191.550.10%
Overview
ORCL Logo
ORCLOracle Corp
$143.400.40%
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