CyberLaw Blog

Archive for the ‘Lastfm’ Category

Bianet: Turkey Inquired about Internet Censorship

EUROPEAN COURT OF HUMAN RIGHTS
Turkey Inquired about Internet Censorship

The European Court of Human Rights examines two applications from Turkey regarding cases of internet censorship in 2009. Turkish authorities were allowed time till 9 June to submit a response. Internet expert Akdeniz emphasized the international importance of the decision.

Istanbul – BİA News Center
10 March 2011, Thursday

The European Court of Human Rights (ECHR) is examining the application against internet censorship filed by Turkish nationals Ahmet Yıldırım and Yaman Akdeniz. The international court expects an item of written comment from Turkey until 9 June.

According to a written statement published by the Cyber-Rights.org.tr news site on 7 March, the ECHR merged the files regarding the access ban to Google sites and to LastFM.com on 31 January. The restrictive decision (No. 2009/337) on the Google services was given by the 2nd Magistrate Criminal Court of Denizli (western Turkey) on 23 June 2009. Access to the music sharing site LastFm.com was banned by the Beyoğlu (Istanbul) Public Chief Prosecution on 26 June 2009 (decision no. 2009/45).

On 16 February, the ECHR posted the particularities of both applications on its website together with a list of questions forwarded to the Turkish authorities.

The court allowed time till 9 June for Turkey to respond to the questions. Cyper-Rights.org.tr reported that the court in Strasbourg announced 24 April as the deadline for non-governmental organizations that applied for co-plaintiff status to submit their point of view.
Akdeniz: Important decision for all members of the Council of Europe

Assoc. Prof. Yaman Akdeniz commented the issue on behalf of the website as follows:

‘The Foreign Minister Ahmet Davutoğlu emphasized several times the decision ‘not to make a defence regarding trials (at the ECHR) on freedom of thought’. However, only in June 2011 we will see whether this political decision is also valid for applications filed to the ECHR’.

‘The Strasbourg Court examines [the applications related to] internet censorship. These two applications carry importance not only for Turkey but for all member states of the Council of Europe’, Akdeniz indicated. (EÇ/VK)

Yaman Akdeniz, an Associate Professor of law at the Faculty of Law, Istanbul Bilgi University today (29 September, 2009) made an appeal to the Beyoglu Criminal Court of Peace to overturn the blocking decision involving both myspace.com and Last.fm from Turkey. The blocking decision was enforced by the Turkish ISPs since Friday, 18 September, 2009 by the order of the Beyoglu Chief Public Prosecutor’s Office (order no 2009/45 dated 26.06.2009)

The blocking order was issued subsequent to a request made by Mu-yap, the Turkish Phonographic Industry Society with regards to intellectual property infringements through these two sites.

Akdeniz asked the Court with his lawyer to overturn the blocking decision, and argued that the Supplemental Article 4 of the Turkish Law No. 5846 on Intellectual & Artistic Works which was used as a legal measure to issue the blocking order is unconstitutional. Therefore, Akdeniz asked the Beyoglu Criminal Court of Peace to consider sending his case to the Turkish Constitutional Court for review.

Details of the appeal will be made available once the Court considers the case. [Blog entry by Dr. Yaman Akdeniz - I will update this story as more information is made available - last update on 29.09.2009]

MÜYAP: No Intention to Block Access to Last FM and MySpace: “MÜYAP chairman Forta claimed: ‘Ownership rights are stolen, we fight for our right. Turkish law blocked access to the websites’. Forta argued that MÜYAP agreed with MySpace and that the site can be accessed again within a few days.”

(Via Bianet :: English.)

Copyright Protection Without Harm to Freedom of Speech: “In the course of the discussion of blocked access to the entire contents of MySpace, RSF pointed out that the Turkish Internet legislation violates the European Convention for Protection of Human Rights and Fundamental Freedoms.”

(Via Bianet :: English.)