Friday, November 29, 2013

EU Courts can Order ISPs to Block Copyright Infringement Sites

The EU's Advocate General’s Opinion says that ".. Member States are to ensure that copyright holders or holders of related rights are able to apply for an injunction against intermediaries whose services are used by a third party to infringe their rights .. It is already established that internet providers can in principle be regarded as intermediaries and therefore as persons against which such injunctions, which are aimed at bringing to an end infringements already committed and at preventing further infringements, can be granted. In practice, the operators of illegal websites and the internet providers which make them available online are frequently based outside Europe or conceal their identity, making it difficult to pursue them before the courts".

"In his Opinion today, Advocate General Pedro Cruz Villalón [pictured] takes the view that the internet provider of the user of a website which infringes copyright is also to be regarded as an intermediary whose services are used by a third party – that is the operator of the website - to infringe copyright and therefore also as a person against whom an injunction can be granted. That is apparent from the wording, context, spirit and purpose of the provision of EU law".

See also "There is always another Way to Download" - here.

See "According to Advocate General Cruz Villalón an internet provider can be required to block access by its customers to a website which infringes copyright" - here.

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