On 18 July, the High Court (Arnold J) in The Football Association Premier League Ltd v British Telecommunications Plc & Ors [2018] EWHC 1828 (Ch) granted an extension of a 2017 order requiring BT and others to block access to streaming services which gave unauthorised access to live Premier League football matches during the 2018/19…

Internet access providers should be compensated for website blocking requested by IP right owners. In a nutshell, this is what the Supreme Court of the United Kingdom ruled back in June. The entire saga, however, has much wider implications and should be properly considered beyond the UK borders. Background The Cartier case arose from a…

The debate on Art. 13 Draft DSM Directive has gained speed, after the Commission’s initial 2016 proposal was supplemented by the Council’s proposal of May 25, 2018, and after the European Parliament’s JURI Committee on June 20, 2018 also voted on an own proposal for Art. 13 Draft DSM Directive. The plenary vote is due…

Website blocking injunctions have been available in European countries for some years now. In the UK, the first case was brought in 2010 by a group of US movie studios against BT to block access to the Newzbin website. Since then, blocking injunctions have become popular in a number of EU countries, especially after their…

The European Union is working on a dramatic change to the regime that governs the liability of online intermediaries established with the E-Commerce Directive (Directive 2000/31/EC). Art. 14 offered a safe harbour for hosting service providers who do not have actual knowledge of infringing content and who, on obtaining such knowledge, act “expeditiously to remove…

A recent decision of the Munich Regional Court marks the first-ever blocking order in Germany against a copyright infringing website (judgment of 1 February 2018 – BeckRS 2018, 2857; English translation available here). If confirmed by higher courts (the judgment is subject to ongoing appeal proceedings), the decision will indeed have paved the way for…

At the end of 2017, HADOPI published an important survey on its activities for the period 2016-2017. It gives interesting and useful information on the graduated response created by the French legislator to fight online infringement directly at the source, by educating internet users and dissuading them from unlawfully downloading and/or sharing (and if possible…

The Spanish court has recently given judgment in proceedings brought by various audiovisual producers belonging to the Motion Picture Association of America (MPAA), against a number of telecommunications companies who provide Internet access. The proceedings were aimed at having the latter take measures to block Internet access to certain websites that were making protected audiovisual…

In an in-depth analysis for the European Parliament, the author has looked at liability of online service providers with regard to infringements concerning copyright protected content. In particular, the paper tries to answer the question of whether regulatory action is needed in relation to the liability of online service providers for copyright protected content. The…

A full summary of this case has been published on Kluwer IP Law The French Supreme Court held that the costs relating to the blocking measures ordered by the courts are strictly necessary for the preservation of the intellectual property rights and that the courts may order the internet service providers and search engine providers…