Are blocking injunctions against ISPs allowed in Europe? Copyright enforcement in the post-Telekabel EU legal landscape
Abstract
In recent years, the national courts of the EU Member States, in an attempt to stem the flow of rampant online copyright infringement, have increasingly turned to the issuance of blocking injunctions against the intermediaries whose websites and networks are used by third parties to commit infringements. This article examines the legal framework in place at the EU level with regard to the legality of such injunctive orders, making a distinction between filtering measures, used to detect copyright infringements, and blocking measures, used to put an end to them. On the basis of that analysis, a detailed examination will be made of the latest CJEU ruling to apply this framework, Case C-314/12, UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH on the lawfullness of open-ended blocking injunctions against internet access providers.
Auteursrecht, Intellectuele eigendom
Bibtex
Article{nokey,
title = {Are blocking injunctions against ISPs allowed in Europe? Copyright enforcement in the post-Telekabel EU legal landscape},
author = {Angelopoulos, C.},
url = {http://jiplp.oxfordjournals.org/content/9/10/812},
year = {0819},
date = {2014-08-19},
journal = {Journal of Intellectual Property Law & Practice},
number = {10},
abstract = {In recent years, the national courts of the EU Member States, in an attempt to stem the flow of rampant online copyright infringement, have increasingly turned to the issuance of blocking injunctions against the intermediaries whose websites and networks are used by third parties to commit infringements. This article examines the legal framework in place at the EU level with regard to the legality of such injunctive orders, making a distinction between filtering measures, used to detect copyright infringements, and blocking measures, used to put an end to them. On the basis of that analysis, a detailed examination will be made of the latest CJEU ruling to apply this framework, Case C-314/12, UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH on the lawfullness of open-ended blocking injunctions against internet access providers.},
keywords = {Auteursrecht, Intellectuele eigendom},
}