darren meale - blocking injunctions: the weapon of choice in the uk?

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Darren Meale Simmons & Simmons LLP Online Copyright + Enforcement = Happiness? 1 April 2014 Blocking injunctions: the weapon of choice in the UK?

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Page 1: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

Darren Meale

Simmons & Simmons LLP

Online Copyright +

Enforcement = Happiness?

1 April 2014

Blocking injunctions: the

weapon of choice in the UK?

Page 2: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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Page 3: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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How long did it take me to find the first

episode of the Walking Dead season 4

online and watch it unlawfully (the first 4

seconds!)?

20 seconds55 seconds

4 minutes

12 minutes

Page 4: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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How long did it take me

to get access to The

Pirate Bay, a website

that is blocked by my

ISP?

48 seconds

14 minutes

58 minutes

24 seconds

Page 5: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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2001: AN INFO SOC ODYSSEY

Copyright MGM

Page 6: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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“The High Court… shall have power to

grant an injunction against a service

provider, where that service provider

has actual knowledge of another

person using their service to infringe

copyright.”

Page 7: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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Page 8: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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Page 9: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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Page 10: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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2011 2012 2013 Q1 2013 Q2/3 2013 Q4 2014 Q1

Page 11: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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Page 12: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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Page 13: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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Where are we now?

Page 14: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

13 / L_LIVE_EMEA1:20988887v1 Copyright Susan Roberts via Wikimedia

Legal

issues?

Page 15: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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Where next?

Page 16: Darren Meale - Blocking Injunctions: The Weapon of Choice in the UK?

© Simmons & Simmons LLP 2013. Simmons & Simmons is an international legal practice carried on by Simmons & Simmons LLP and its affiliated partnerships and other entities.

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simmons-simmons.com

elexica.com

Blocking injunctions: the

weapon of choice in the UK?