Dec 08, 2023 23:00:00

Quad9, which was asked by Sony to ``block pirated sites'', wins a lawsuit to protect freedom of speech on the Internet

Sony Music Entertainment, which oversees Sony's music business, has filed a lawsuit against

DNS resolver Quad9 , demanding that it ``block access to pirated sites.'' At the appeals court in this case, which was criticized as ``threatening freedom of speech on the Internet,'' a court in Dresden, Germany, ruled in favor of Quad9 and dismissed Sony Music Entertainment's lawsuit.

Quad9 Turns the Sony Case Around in Dresden | Quad9
https://quad9.net/news/blog/quad9-turns-the-sony-case-around-in-dresden/

Dresden stories at Techdirt.
https://www.techdirt.com/2023/12/07/good-and-bad-news-on-attempts-to-implicate-dns-services-for-copyright-infringement-at-the-domains-they- resolve/

A DNS resolver is a client that queries a DNS server to determine an IP address in order to access a website specified by a user using a domain name. Quad9, which is based in Switzerland, is operated by a non-profit organization and has the function of ``blocking malicious websites registered in the list'' to protect users from malware, phishing scams, spyware, botnets, etc. It is said that it is.

In Germany, there is an effort by Internet service providers (ISPs) and copyright holders to work together to block pirated sites, but DNS resolvers do not participate in this effort, so users can use Quad9 to access pirated sites. Is possible. Therefore, Sony Music Entertainment filed a lawsuit asking Quad9 to block websites that distribute pirated music files.

Quad9 countered with Sony Music Entertainment, saying, ``Quad9 has no relationship with the party responsible for the alleged copyright infringement,'' and claims that Quad9 only serves as a DNS resolver. Although copyright holders have the right to protect their works, they are taking issue with the idea that requiring third-party DNS resolvers that are not affiliated with them to also block access could set a ``dangerous precedent.'' .

Quad9 claims that ``Sony has launched a legal attack that threatens freedom of speech on the Internet'' - GIGAZINE

Quad9 also emphasizes that its servers are not located in Germany, and the domain specified by Sony Music Entertainment was not German.

In 2021, a court order was issued to Quad9 instructing it to block access to pirated sites, but Quad9 appealed this decision and the case was brought to the Dresden Superior District Court.

Then, in December 2023, the Dresden Higher District Court issueda ruling (PDF file) clearly in favor of Quad9, rejecting Sony Music Entertainment's claims. The appellate court's judgment found that the DNS resolver Quad9 was not liable as a perpetrator of copyright infringement. It has also been pointed out that Sony Music Entertainment did not take sufficient measures against the copyright infringing party and the hosting company before filing the lawsuit.

Quad9 welcomed the appellate court's decision, calling it 'a shining moment in our efforts to keep the Internet a neutral and trusted resource for everyone.' Quad9 said, ``The expansionism of internet censorship will never cease, and leaving unresisted requests for the removal of the minutiae of digital sovereignty will ultimately result in the brute suppression of user ideas.'' It's clear, those boundaries are always being tested and we won this round. We prevented the front line from moving closer to you!'

The court prohibits the case from being brought to a higher court, and this judgment is the final judgment. If Sony Music Entertainment wants to overturn this ruling, it will have to appeal the dismissal of the appeal, win, and then appeal to federal court.