website blocking

Posted in Art 10 ECHR, collateral censorship, freedom of expression, overblocking, website blocking

[ECtHR] Kharitonov v Russia: When Website Blocking Goes Awry
The European Court of Human Rights will soon hear a key case on website blocking and freedom of expression online – Kharitonov v Russia (app no. 10795/14). The case raises tons of important questions. It should be therefore closely watched by scholars, advocates and policy makers. As a part of Internet Policy Clinic at TILT,
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, blocking, civil procedural law, CJEU, copyright, injunctions, website blocking

Austrian Supreme Court Confirms Open-Ended Website Blocking Injunctions [UPC Telekabel Wien]
Last Thursday, the Austrian Supreme Court (OGH) issued the decision (OGH, 4 Ob 71/14s) in the proceedings that gave rise to the UPC Telekabel C-314/12 reference before the Court of Justice of the European Union. OGH confirmed the lower court decision, which granted an open-ended website blocking injunction against the biggest Austrian ISP. Although the
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, website blocking, webstreaming

CJEU Allowed Website Blocking Injunctions With Some Reservations
So the CJEU finally issued its UPC Telekabel Wien C-314/12 decision. It contains several good points, but also some missed opportunities (the rejections of a need of specific measures is quite a disappointment), and black-box type of issues, where only the time will tell. But before I get to the ruling, it is very interesting
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, human rights, right to a fair trail, UK, website blocking

What’s Wrong With UK Website Blocking Injunctions?
British courts issued already three website blocking injunctions against five copyright-infringing websites (Newzbin II. + 1 , Dramatico Entertainment + 1 , EMI Records ). In this blog post I don’t want to question the effectiveness of the remedy for copyright cases as I did before (see also J Arnold’s opinion in EMI
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Posted in Art. 11 EnforD, Art. 8(3) InfoSoc, CJEU, EU, injunctions, ISP, website blocking

New CJEU Referral: Is Website Blocking OK with Union Law?
E-comm blog reports a new exciting Austrian referral (OGH decision) before CJEU, which deals with the question whether the Union law provides for website blocking injunctions against Access Providers. The case UPC Telekabel Wien C-314/12 is already listed on the Curia website and has a potential to solve a vast disagreement of EU courts on
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