Cartier International AG v British Sky Broadcasting Ltd [2014] EWHC 3765 (Ch)

Document type
Court Decision
Country
A case following the initial Cartier decision. It was found that the IP address-based blockade of websites targeted in the initial court order may disable access to other websites using the same IP address.  The claimants submitted that this is appropriate for situations where those other websites are also involved in “unlawful activities”, and that it is appropriate to automatically block them together with the initial site; but only if the former are “certified as engaging in unlawful activity”. The ISPs attempted to challenge such an extended blocking order on the grounds that: the court had no jurisdiction, that the term “unlawful activity” was too broad and unclear, that it’s not appropriate for the IP rightsholders to decide on which websites should be seen as sufficiently “unlawful”, and that it is inconsistent to ask for the proof of the initial website’s unlawful character in court, and not do the same for the other websites on the same IP address. All four lines of inquiry were dismissed and the extended blocking order was held to be valid.
Country
Year
2014
Topic, claim, or defense
Other IP
Jurisdiction
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
Issues addressed
Procedural Protections for Users and Publishers
OSP obligation considered
Block or Remove
Type of law
Civil
General intermediary liability model
Takedown/Act Upon Court Order