in rem injunctions – Tech Notes

Posted in Art. 8(3) InfoSoc, disconnecting injunctions, EU, in rem injunctions, innocent parties injunctions, internet access

Spanish Court Issued The First Disconnecting Injunction Against a Single Access Provider

A good friend, Miquel Peguera from Spanish Universitat Oberta de Catalunya, just reported what is probably the first private litigation, where an access provider was sued to disconnect its subscribers from the Internet. Although some Nordic countries already earlier reported cases where access providers were sued to disconnect different providers of allegedly infringing services, Promusicae

AG: Website Blocking Is Compatible With The Union Law

Advocate General Pedro Cruz Villalón just published his opinion in UPC Telekabel Wien C‑314/12 case. He concludes that in principle website blocking is permissible injunction against an innocent intermediary. Because the opinion is not yet available in English, I summarize below only some points, that I found to be the most important: § 59: the

Are Banks Required to Disclose the Indentity of their Customers to Copyright Holders?

FutureOfCopyright reports very interesting recent Dutch copyright case – BREIN v. ING (Case No. C/13/539327). Local anti-piracy group BREIN sued well known bank and insurance company, ING, for disclosure of identity and bank transfers of one of it’s customers, who is a domain name holder of a website (largest Usenet community in the Netherlands with

Injunctions Outside of Tort Law?

Thanks to crowd funding call orchestrated by Jeremy and several extraordinary people from around the world (some of them anonymous), to whom I am greatly indebted for their spontaneous support, I will be able to share one of my recent work-in-progress papers with audience at INTA next week in Dallas. The working version of the