Combating piracy on the internet can not violate right to information

For the Third Chamber of the Superior Court of Justice ( STJ ) , one can not , under the pretext of combating illegal content on the web , suppress the right of the community to information . Opposing rights and risks involved , the scales should weigh the guarantee of freedom of information . With the decision , the Free Market and Ebazar sites are allowed to display offers brand watches Citizen .



The Minister Nancy Andrighi , rapporteur of the case , held that the enforcement of the origin of all products advertised on websites as defendants does not constitute intrinsic activity in the service of brokering deals and purchases by third parties .



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" The service provided by the respondents is not without informative , providing , for example , the approach of people with common interests and obtaining historical sellers and buyers ," he said .



According to the rapporteur , the sites intermediaries could only be held liable if they are notified of ad serving illicit activities if omitissem and leave to remove content .



The logic of the decision is the understanding of the STJ on content in social networks and the responsibility of hosting services content . The minister pointed out, however , that were not previously analyzed services provided by other sites , such as direct sales or price comparison .



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To the Minister Nancy Andrighi , the innovations created by the digital age give rise to situations that require legal solutions that can perplex .



" It must be borne in mind , however , that the Internet is a reflection of society and its constant advances . If , today , we can not protect with complete fairness and consecrated secular rights , it would be unrealistic to rely on more efficient results in conflicts concerning the world wide web , "he said .



Depletion brand



The Panel also found that the brokerage for buying and selling products over the Internet is independent authorization of the trademark owner . The brand protection is worn with the introduction of the product on the market , the holder can not prevent its circulation and resale .



" Although one might assume that , among the thousands of advertisers websites of the respondents, there is a product offering of illicit origin , is a notorious fact that the vast majority of users are acting within the law , just anyone to access their pages on the internet to confirm the existence of numerous original goods , new and used , put the sale or resale by not only corporations but also individuals , " said the minister .



She also noted that there was no evidence of violation of trademark rights of the Citizen . The mere mention of the low prices of products not lead to this conclusion , since the sales function in an auction .



" So , meet the applicant to prove the case in which the circumstances were offering products with your brand supposedly low prices , not just make general allegations that valley dwell , were not accompanied by proper evidence ," he added .



Process related : REsp 1383354



Source : Superior Court of Justice