Archive for the ‘blocking orders’ category

Blocking orders against ISPs legal in the EU: UPC Telekabel Wien

March 30th, 2014

European courts have ordered ISPs to block access to pirate file sharing sites in other countries for years. The jurisdiction for doing so is Article 8(3) of the EU Copyright Directive (Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001) which is transposed into the laws of EU Member States. The courts have considered these orders to represent a reasonable balance between the interests of copyright holders, intermediaries, and end users. See, Keeping The Pirate Bays at Bay.

Streaming websites blocked in UK: Paramount v Sky

November 18th, 2013

The England High Court recently made an order requiring ISPs to block two linking websites located at www.solarmovie.so (“SolarMovie”) and www.tubeplus.me (“TubePlus”). In doing so, the court in Paramount Home Entertainment International Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 3479 (Ch) (13 November 2013) ruled that the sites, which did not themselves host any content, were nevertheless liable for infringement because they facilitated streaming of content to users by hosting and organizing hyperlinks to the content without consent of copyright owners.

The nature of the sites in issue (the “Websites”) were describe by Justice Arnold as follows:

A question of values

March 12th, 2012

With Bill C-11, the Copyright Modernization Act, on its way to clause by clause review Canadians have a chance to think about what values they want copyright to reflect. Canadians are being bombarded with a dizzying array of information about amendments that have been proposed including amendments related to enablement, statutory damages, TPMs and fair dealing. Much of the information is inaccurate and emotionally super-charged to garner as much visceral reaction as possible. A significant portion of it originates from Internet activist Michael Geist and is repeated throughout the blogosphere and in the traditional news media, usually with no attempt at analysis.

Keeping The Pirate Bays at Bay

February 22nd, 2012

The UK High Court appears likely to order UK ISPs to block the notorious BitTorrent site, The Pirate Bay. In the just released opinion in the Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors [2012] EWHC 268 (Ch) (20 February 2012) case, Justice Arnold ruled that users of the site as well as its operators infringe copyright. Users who download copies of sound recordings violate the right of reproduction. Users who make sound recordings available for downloading make them available to the public and are liable for communicating the sound recordings to the public. The Pirate Bay is liable for authorizing the infringement of its users. It is also liable for infringement based on the accessorial liability theories of joint infringement and inducement.

P2P file sharing hurts music sales in Canada, study finds

February 2nd, 2012

Does P2P file sharing negatively affect legitimate music purchases in Canada? Does the availability of music for downloading from illegitimate P2P sources act as a substitute for legitimate music purchases? Would stronger copyright laws increase music purchases in Canada? Would it also increase artist incomes, industry employment and tax revenues in Canada?

The answers to all of these questions is yes according to a recent study published by Dr George Barker, the Director, Centre of Law and Economics, at ANU College of Law, Australian National University. What’s more, the study was done based on survey evidence conducted by Decima Research on behalf of Industry Canada.

DNS blocking and filtering in the EU

December 14th, 2011

Crowell & Moring LLP, a law firm with offices in the US, Brussels and the UK released a white paper that describes the legal mechanisms available to copyright holders in the EU to prevent ISP systems from being used for online file sharing. Published by the US based Copyright Alliance, the paper provides a summary of  European laws which have been used to grant injunctive relief to prevent online file sharing including injunctions requiring ISPs to implement DNS blocking. The paper also summarizes the recent ECJ Scarlet case which dealt with the power of EU courts to grant orders requiring ISPs to filter peer to peer traffic over their networks.

Belgium ISPs ordered to block The Pirate Bay

October 11th, 2011

On September 26, 2011, the Antwerp Court of Appeal ordered two Belgium ISPs to block The Pirate Bay. The ISPs, Telenet and Belgacom, were ordered to implement DNS blocking on 11 domains to do this.

The legal basis for the order was Article art. 87, §1, al.2 of the Belgian Copyright Act. This provision transposes Article 8(3) of the EU InfoSoc Directive 2001/29/CE. This Article provides that

“Member States shall ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.”