Adaptive Antipiracy Tools: An Update on Dynamic and Live Blocking Injunctions

by ITIF — October 22, 2020

Lest it never be said that criminals cannot be innovative. Case in point digital piracy, which evolves with changing technology, consumer preferences, and business models. But thankfully some countries are innovating as well, adapting their legal tools to keep up with ever adapting digital pirates. Unfortunately, others, including the United States, have been slower to do so, and have especially failed to block access to offshore online services that engage in the mass distribution of pirated content. This is problematic because effectively policing online piracy will be critical to protecting the interests of creators in the digital economy, as the quality and availability of unauthorized streams and other piracy services have markedly improved in recent years.

Fighting the latest evolution of piracy involves two new tools: live blocking and dynamic injunctions. Live blocking entails requiring Internet service providers (ISPs) to block users’ access to servers hosting infringing streams of live events (used in Ireland and the United Kingdom). Dynamic injunctions allow rightsholders to require ISPs to block both primary domain name and IP address of piracy websites, but also any subsequent domains they shift to (used in Australia, India, Singapore, and the United Kingdom).

This post highlights recent developments in the use of these two tools.

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