Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers
Savola
Pekka
Internet connectivity providers have been ordered to block access to websites facilitating copyright infringement in various EU countries.In this paper, the proportionality of these enforcement measures is analysed. After addressing preliminary questions, the recent ECJ ruling UPC Telekabel Wien (C-314/12) and then case law from all Member States are examined from the perspective of proportionality. Finally, five criteria are submitted for proportionality analysis, and a proportionality evaluation is provided. The major observation is that the underlying goal of copyright enforcement has implications on how the scale tilts. In particular, ineffective enforcement mechanisms can be more easily accepted if the goal of symbolic, educational or politically motivated enforcement is considered legitimate. On the other hand, if the goal is to decrease the impact of infringement, higher efficiency and economically quantifiable results may be required
Copyright Enforcement
Fundamental Rights Conflicts
ISP
Proportionality
Website Blocking
340
periodical
academic journal
JIPITEC
5
2
2014
116
138
2190-3387
urn:nbn:de:0009-29-40006
http://nbn-resolving.de/urn:nbn:de:0009-29-40006
savola2014