ISPs can be ordered to block customers’ internet access - New ECJ ruling welcomed by copyright owners
In a landmark ruling the European Court of Justice (ECJ) has ruled that Internet Service Providers (ISPs) can be ordered to block customers’ access to websites containing material infringing copyright.
In UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and another, Case C-314/12, 27 March 2014 two film companies sought an injunction prohibiting an ISP from providing access to its customers to websites containing copyright infringing material. The ECJ ruled that the ISP could be considered as an “intermediary” whose services had been used to infringe copyright and, as such, a person against whom an injunction could be granted in accordance with Article 8(3) of the Copyright Directive (2001/29/EC).
The case will be welcomed by copyright owners as a useful weapon in the fight against infringement although it is uncertain at this stage how often copyright owners will seek to rely on it given the potential expense involved in seeking an injunction.
Posted on 04/27/2014 by Ortolan
