On November 22,2017 the Federal Council adopted a draft revision of the Federal Copyright Act. The project is based on a compromise reached by the various interest groups in a working group set up by the Federal Department of Justice and Police. However, if the measures are directed against those who allow illegal content to be made available, consumers of illegal offers will not to be concerned so far. For example, they will be able to download a piece of music for private use that has been put online on the Internet without the permission of the rights holder. Switzerland is therefore an exception and could continue to be included in the Special 301 Report on Intellectual Property Rights in the United States.
From now on, hosting providers will have to ensure that the content that has been removed is not reintroduced and will therefore be subject to the stay down obligation. The draft revision also clarifies that the processing of data for the purpose of criminal prosecution of copyright infringements is permitted. These two measures put an end to a lengthy debate on the obligations of Internet service providers and create greater legal certainty for all parties involved. However, the implementation of blocking measures was not retained in the project.
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