“Incidente de medida cautelar en autos Escobar, Tomas s/ infracción Ley 11723”

Cámara Nacional de Apelaciones en lo Criminal y Correccional de la Capital Federal [National Court of Criminal Appeals, Buenos Aires capital District], Criminal, Expte. 1681/2012/2.
Document type
Court Decision
The website Cuevana, active since 2009, provides streaming links to several movies and TV series. HBO Ole Partners requested to completely block the website for a copyright law violation in connection with the Epitafios TV series. The plaintiff's request, based on Article 13 of the Copyright Law, was rejected by the Appelate Court in February 2013. The Court argued that such a measure seemed excessive and disproportionate. Copyright enforcement, the Court noted, must be balanced with regard to the protection of other fundamental rights of the persons affected by such measures. The ruling also indicates that it has yet to be determined if Cuevana is a website that just provides links or has an index of links leading to content which individual users are responsible for, or there are specific people designated to controlling the content. Additionally, since the identity of the administrators is ignored, the decision indicates that it has not been duly determined who should have been held liable as another reason supporting the inappropriatmess of the decision. Since this is a decision dealing with a preliminary injunction, these determinations are left to the Court deciding on the merits of the case.
Topic, claim, or defense
Freedom of Expression
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Search Engine or Index
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity