European court allows website blocking

You shall not pass!

The European Court of Justice has produced a very interesting ruling with regards to injunctions ordering intermediaries to block websites which make available infringing content. This has been a hot legal topic in recent years due to the strategy used by various content owners when attempting to tackle copyright infringement; [...]

European court declares that linking does not infringe copyright

An obvious result

The Court of Justice of the European Union has reached a decision in the latest case dealing with questions about whether linking to content amounts to a communication to the public, and therefore unauthorised linking could be pursued as copyright infringement. The case is Svensson and Others v Retriever Sverige AB [...]

Functionality in software is not protected by copyright

I finally managed to read the latest (and hopefully last) instalment of the long legal saga that is SAS Institute v World Programming Ltd. This has been an interesting yet long case that made it all the way to the European Court of Justice, and it deals with several questions regarding software protection, such as [...]

UK court issues more blocking orders

Following a series of cases in which the High Court of England and Wales has granted blocking orders, a new injunction has been issued against two websites called SolarMovie and TubePlus. In Paramount Home Entertainment International Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 3479 (Ch), Arnold J is adding to [...]

How effective are blocking orders against torrent sites?

The High Court of England and Wales has produced another blocking order for UK Internet service providers (ISPs) against three torrent sites. The action was brought by the British Recorded Music Industry (BPI) against the main UK ISPs in order to obtain a blocking order against three torrent indexing sites, namely KAT, H33T, and Fenopy.

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What’s up with software copyright? Contrasting Oracle v Google and SAS v WPL

For something which has the unequivocal weight of the law behind it, software copyright has had a rather bumpy history in the courts. Once we get past the obvious facts of law, namely that copyright protects source code, the application of such protection has been more difficult. The reason for this is simple: while [...]

US judge finds that IP addresses cannot be used to identify infringers

Magistrate Judge Gary Brown has produced an interesting document in the United States District Court for the Eastern District of New York involving four lawsuits regarding so-called copyright trolls, porn producers who sue lots of users based on IP address evidence. The ruling states:

“The complaints assert that the defendants – identified only by IP [...]

Chronicle of a Block Foretold: UK ISPs ordered to block Pirate Bay

The High Court of England and Wales has ruled that UK internet service providers must start taking steps to technically block access from their customers to The Pirate Bay (Virgin Media has already started). Arnold J has delivered a short copyright order in Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & [...]

Text of the Costa Rican ruling declaring Internet as a fundamental right

One of the most frequent questions I receive is with regards to the 2010 ruling by the Costa Rican Constitutional Court (Sala IV) declaring access to the Internet as a fundamental right. The Costa Rican online jurisprudence system is considerably clunky and difficult to navigate, and most of the requests for information come from non-Spanish [...]

European Court of Justice rules against filtering (again)

In a re-enactment of last November’s Sabam v Scarlet, the ECJ has ruled against indiscriminate filtering by service providers again, but this time in a case regarding social networks. In Sabam v Netlog (C‑360/10), the Belgian collecting society Sabam sued a social network site named Netlog, based in Ghent, attempting to obtain an injunction ordering [...]