To Block or Not to Block?

Wesselingh, Ellen Marja; Cristina, A.S.; Tweeboom, N.M.G.

doi:10.2139/ssrn.2273453

Cited by 1 publication

(1 citation statement)

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“…Both are rather crude instruments, indiscriminately blocking legal content and copyright infringing content based on the source. DNS blocking of websites does not function as a very high threshold since there are sufficient methods available to bypass the blockade (Dilmpieri, King & Dennis, 2011) (Wesselingh, Cristina & Tweeboom, 2013) (Poort, Leenheer, van der Ham & Dumitruc, 2013). IP address blocking appears to do the job, but may only be imposed in cases where an infringing website is the only website behind an IP address.…”

Section: Discussionmentioning

confidence: 99%

Website Blocking: Evolution or Revolution? 10 Years of Copyright Enforcement by Private Third Parties

Wesselingh¹

2014

IDP Rev. Internet derecho polít.

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Copyright enforcement by private third parties -does it work uniformly across the EU? Since the inception of Napster, home copying of digital files has taken flight. The first providers of software or infrastructure for the illegal exchange of files were held contributory or vicariously liable for copyright infringement. In response, they quickly diluted the chain of liability to such an extent that neither the software producers, nor the service providers could be held liable. Moving further down the communication chain, the rights holders are now requiring Internet Service Providers (ISPs) that provide access to end customers to help them with the enforcement of their rights. This article discusses case law regarding the enforcement of copyright by Internet Access Providers throughout Europe. At first glance, copyright enforcement has been harmonised by means of a number of directives, and article 8(3) of the Copyright Directive (2001/29/EC) regulates that EU Member States must ensure the position of rights holders with regard to injunctions against ISPs. Problem solved? Case law from Denmark, Ireland, Belgium, Norway, England, The Netherlands, Austria and the Court of Justice of the EU was studied. In addition, the legal practice in Germany was examined. The period of time covered by case law is from 2003 to 2013; the case law gives insight into the differences that still exist after implementation of the directive.

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Section: Discussionmentioning

confidence: 99%