The recent ruling by the Higher Regional Court, which exonerates Quad9 of liability under German and European law, is a significant win in the protective DNS space, asserting that DNS resolvers do not play a central role in copyright-infringing activities. This decision is a step toward preserving the impartiality of DNS resolvers and highlights the necessity for clear legal frameworks that define the roles and responsibilities of technology providers.
The suit against Quad9, brought by Sony Music, appeared to be aimed at setting a precedent that could have effectively compelled DNS resolvers to become a digital police force, actively monitoring online content, which is not the goal of this technology. Had this suit been successful, this could have resulted in diverting DNS resolvers from their core mission of protecting users from malicious content, including malware, phishing, and botnet sites. This shift would add unnecessary operational costs and diminish the overall quality of the user experience.
The ruling emphasizes the ongoing challenge of finding a balance between safeguarding online content and ensuring the continued neutrality and effectiveness of DNS resolvers. We will continue to monitor the situation and support Quad9 as they remain committed to fighting a similar case in Italy.