Gęsicka Daria Katarzyna, Costly but effective and proportionate?: a few remarks on website blocking injunctions

The structure of the Internet is quite complicated as there are multiple different actors involved in electronic communication, including the ones who create (content providers), the ones who receive (recipients, users), the ones who provide Internet connection (Internet connectivity providers) and the ones who intermediate in online communication by providing online services (Internet service providers, intermediaries). Due to the obvious fact that the Internet in the shape it has nowadays eases and speeds up online piracy, it has been 'cursed' (at least officially) by artists, creators, performers and producers. For the last three decades or so they have been on a hunt for a perfect remedy that could bring piracy to an end. One of the weapons they found and have frequently applied for are website blocking injunctions. The measure is not a perfect remedy to the online piracy problem, but it has potential to mitigate the phenomenon. Over the recent three years website blocking injunctions have become the most frequently asked for anti-piracy measure. Despite their unquestionable popularity, their legal structure is still a mystery. The aim of the paper is to dispel at least some of the considerable doubts the injunctions arouse. The article begins by explaining why rightholders claim for website blocking injunctions instead of searching for solutions among much quicker and straightforward measures such as notice-and-take-down or payment freezing. In order to do that the online-piracy problem is described given that historical, empirical and statistical evidence prove that the phenomenon is here to stay. Then, the article deals with contemporary concerns regarding the issuance and realization of injunctions, such as proportionality, interpretational and economic considerations. It discusses the most up-to-date judicial decisions on the subject and new regulations addressing website blocking injunctions directly.