Stopping The Pirates: Blocking Access To Infringing Websites

The Court of Justice of the European Union (CJEU) decided an Internet Service Provider (ISP), may be ordered to block its customers' access to a copyright infringing website, but the measures it adopts must be reasonable.

Under the EU Copyright Directive, rights holders may apply for an injunction against intermediaries whose services are used by a third party to infringe their rights. The CJEU was asked to interpret this.

Impact

An ISP allowing its customers to access protected subject matter made available to the public on the Internet by a third party without the rights holder's permission is an intermediary whose services are used to infringe copyright. In fact, the CJEU held that ISPs are best placed to bring such infringing activities to an end.