On 06.12.2011 12:05, Hong Xue wrote:
Hi, Rudi, this is incredibly parallel to ICE's domain name seizure actions in US. Could you elaborate if this is a notice-and-blockade measure (so ISP is only supposed to block those specified domains) or is a generalized
filtering system (ISP has to block any access to Piracy Bay even without
notification from copyright owners)?
Hello Hong, There are two major differences with ICE's domain name seizures. 1. It is the result of an apppeals court decision, not one of an administration. 2. The domain names were not seized. Rather, the two ISPs were asked to redirect the queries to those two domain names to an IP address pointing to a police-run web site, announcing the blockade. Indeed, the court decision refers to blocking DNS access access only, for a well-defined list of domain names. It does not ask to block access to the IP address(es) of the Pirate Bay. It is interesting to note that, in the meantime, the European Court of Justice, has ruled on a slightly related case. See: http://curia.europa.eu/jcms/upload/docs/application/pdf/2011-11/cp110126en.p... . Based on the jurisprudence of the ECJ, there is possibility that the original court decision could be revised. Additionally, there is content featured on The Pirate Bay for which the plaintiff does not hold IP rights but gets blocked anyway. Collateral damage, if you like. It remains to be seen of the two ISPs that were asked to block the domain names will file a motion to revise the judgement. There are some legal uncertainties here. Best, Patrick Vande Walle