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.
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 [...]
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 [...]
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 & [...]
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 [...]
A typical BitTorrent swarm.
I’ve just finished reading the fascinating case of AMP v Persons Unknown  EWHC 3454 (TCC) via the IP Osgoode blog. This is a BitTorrent case with a twist, as it is NOT a copyright case. Perhaps we have grown accustomed to BitTorrent technology, it is used to share legal [...]
(via Jose Otero) In 2010 Chile became one of the first countries in the world to enact a net neutrality legislation. The law 20.453 enacts a three-pronged approach to protect users against abuse, firstly by determining that Internet Service Providers (ISPs) may not differentiate content based on the origin; it creates an obligation for [...]
Victory! We have victory!
For more than a year, those of us interested in intermediary liability have been waiting for an important Belgian case, Saban v Tiscali (now Sabam v Scarlet). This has been a long-running battle between Sabam, the Belgian rights management agency representing authors, composers and editors of musical works, and Tiscali, [...]
Usenet servers and clients
A civil court in Amsterdam has delivered a throwback ruling that reverses a decade of legal practice in intermediary liability. The BREIN Foundation is an anti-piracy group in the Netherlands, and it sued News-Service.com Europe (NSE), one of the largest providers of Usenet services in Europe. BREIN brought the action [...]