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An injunction to prevent access to copyright infringing content,or perhaps not yet: UK perspective
Authors:Ebenezer Duah
Institution:1. Aberystwyth University , Old College, King Street, Aberyswyth, Ceredigion , SY23 2AX , UK eben_duah@hotmail.com
Abstract:In 2010, the United Kingdom High Court found an indexing company liable for the copyright infringements of its users when they downloaded materials from the Newzbin website. While its servers were located within UK jurisdiction and the majority of infringing content was in claimants' repertoire of films, the website was forced to cease operation. However, shortly after the ruling, it is believed to have moved its servers offshore and resumed operation from the same location, still accessible to UK users but beyond reach of the UK law. This prompted the case, Twentieth Century Fox & Ors v British Telecommunications Plc (2011), by the film studios to seek an injunction against one of UK's internet service providers, to force it to block its users' access to the Newzbin2 website. With the order granted and more UK ISPs also required to block their users' access to infringing content in Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors (2012), evidence also suggest that technical possibilities exist to render such a blockade ineffective. Beside debates on conflicting interests and proportionality, this paper argues that it may still, in reality, prove harder to achieve a stricter regulation.
Keywords:internet service providers  injunctions  circumvention
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