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The District Court No. 64 in Buenos Aires issued an injunction to block access to the Pirate Bay website in a case initiated by the Argentine Chamber of Phonographic Producers. This is a so called "autosatisfactive" injunction that does not need any further determination of the merits of the case. Therefore, the decision is final unless appealed. Later, the Argentine National Communications Commission (NCC) ordered Internet Service Providers to implement the district's court injunction and block access to The Pirate Bay IP numbers and DSN domains in the country within five days. See also CIS bolg post

Confirmed the previous decision regarding a criminal lawsuit against 10 YouTube users accused of publishing a movie on the platform and infringing copyright law, in particular Article 71 of Law 11.723. The final decision concluded that contents that are uploaded on YouTube are not known in advance by the site administrators who, therefore, do not act as "guarantors" of the content and/or neccessarily partecipate in possible illegal actions. According to the ruling, YouTube is an intermediary enjoing a special contition due to its essential character of being a platform to share cultural information globally. The Court concluded that the inherent potential risks of this activity must be balanced with the benefits in terms of the dissemination of cultural content. It also noted that users uploading videos do not infringe...

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...

On November 2011, following a claim from Imagen Satelital S.A., a judge ordered ISPs to block access, for all Internet users, to specific content on the website “Cuevana," including the TV series ‘'Falling Skies’’, ‘’Bric’’, and ‘’26 people to save the world’’. The blocking order was based specifically on Article 79 of the Copyright Law. The National Commission of Communications implemented the judicial decision and ordered the ISPs to block access to the infringing content.

A number of the judicial decisions regarding intermediary responsibility are based on Intellectual Property Law 11.723. The following articles have been repetedly applied in decisions dealing with intermediary liability: (1) Article 9: No one has the right to publish, without permission from the authors or copyright owners, a scientific, literary, artistic or musical production that has been noted or copied during the private or public reading, execution, or exposition. (2) Article 13: All of the provisions of this law, except those of Article 57, are equally applicable to scientific, artistic and literary works, published in foreign countries, regardless of the author’s nationality, as long as these authors belong to nations that recognize the right to intellectual poperty. (3) Article 71: Whoever defrauds the...

Redbubble allows users to upload images to be printed on t-shirts and other products. Customers can order products that are printed on demand by third party manufacturers. The upload and fulfilment functions are mostly automated - Redbubble operates as a marketplace platform with limited prior screening of uploaded content. Redbubble requires uploaders to warrant that their uploads are non-infringing copyright, and blocks certain keywords as search terms. The court found Redbubble had infringed copyright: directly, by communicating the applicant's images to the public. While the uploader was the 'originator ... who had placed the image on the Redbubble website', Redbubble was directly liable because it 'was responsible for determining that content through its processes, protocols and arrangements with the artists.' (at...