We invite member states of the OECD to protect the open Internet and make a public commitment to opposing Internet filtering and
blocking by intermediaries, to affirm existing limitations on intermediaries» liability, and to support due process and judicial review of allegedly illegal content and behavior.
Not exact matches
Redress for injured parties could, for example, be sought directly from those who unlawfully upload and link to unlawful content, although this might be difficult or burdensome; or through injunctions against
intermediaries who would be required to
block access to such content (an argument unsuccessfully made
by AG Wathelet in GS Media, paras 80 - 87).
Whilst taking a slightly different route to get there, the Court of Appeal agreed that the High Court had jurisdiction to make
blocking orders under section 37 (1) of the Senior Courts Act, as interpreted in light of Article 11 of the Enforcement Directive (which provides that member states shall ensure that rights holders are in a position to apply for an injunction against
intermediaries whose services are used
by a third party to infringe an IP right).
That's concerning because, like the aborted efforts
by domain registries, using default injunctions to
block websites bypasses the normal rules created
by the courts and Congress that define the role of Internet
intermediaries.