Re: Trademark - or copyright ?
The ruling stems from the Cartier litigation, which relates to website blocking injunctions issued to make it a little bit harder to access sites which infringe on certain trade marks.
It should apply to blocking orders based on infringement of copyright, but I guess that's a battle for another day.
It will be interesting to see whether it has an impact on blocking orders imposed on ISPs under the Digital Economy Act, in respect of porn sites which do not implement age verification, but there's a completely different framework. While it seems reasonable to me that the same approach should be taken, and that the BBFC should reimburse ISPs for their costs, that seems... unlikely.
It has no direct bearing on the Norwich Pharmacal orders used to obtain subscriber information from ISPs, in my opinion.
Biting the hand that feeds IT
