{"title":"不断变化的网站屏蔽禁令:静态、动态和实时","authors":"Giancarlo F. Frosio, Oleksandr Bulayenko","doi":"10.1093/JIPLP/JPAB107","DOIUrl":null,"url":null,"abstract":"This article provides an overview of the legal framework that applies to website blocking injunctions in Europe. It highlights how enforcement tools constantly adapt to changes in infringement practices by expanding the arsenal of injunctions made available to rightholders. This adaptation occurs on different levels via legislative, judicial, administrative and soft law developments with the introduction of new measures that guarantee more prompt and efficient responses to infringement threats. From static, responses have increasingly become dynamic and live, to meet novel forms of infringement online, such as illegal broadcasting of live (sports) events. However, promptness and efficacy of enforcement responses often fit poorly with fundamental rights protection and proportionality of measures.","PeriodicalId":44529,"journal":{"name":"Journal of Intellectual Property Law & Practice","volume":" ","pages":""},"PeriodicalIF":0.6000,"publicationDate":"2021-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Website blocking injunctions in flux: static, dynamic and live\",\"authors\":\"Giancarlo F. Frosio, Oleksandr Bulayenko\",\"doi\":\"10.1093/JIPLP/JPAB107\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article provides an overview of the legal framework that applies to website blocking injunctions in Europe. It highlights how enforcement tools constantly adapt to changes in infringement practices by expanding the arsenal of injunctions made available to rightholders. This adaptation occurs on different levels via legislative, judicial, administrative and soft law developments with the introduction of new measures that guarantee more prompt and efficient responses to infringement threats. From static, responses have increasingly become dynamic and live, to meet novel forms of infringement online, such as illegal broadcasting of live (sports) events. However, promptness and efficacy of enforcement responses often fit poorly with fundamental rights protection and proportionality of measures.\",\"PeriodicalId\":44529,\"journal\":{\"name\":\"Journal of Intellectual Property Law & Practice\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2021-07-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Intellectual Property Law & Practice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/JIPLP/JPAB107\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Intellectual Property Law & Practice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/JIPLP/JPAB107","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Website blocking injunctions in flux: static, dynamic and live
This article provides an overview of the legal framework that applies to website blocking injunctions in Europe. It highlights how enforcement tools constantly adapt to changes in infringement practices by expanding the arsenal of injunctions made available to rightholders. This adaptation occurs on different levels via legislative, judicial, administrative and soft law developments with the introduction of new measures that guarantee more prompt and efficient responses to infringement threats. From static, responses have increasingly become dynamic and live, to meet novel forms of infringement online, such as illegal broadcasting of live (sports) events. However, promptness and efficacy of enforcement responses often fit poorly with fundamental rights protection and proportionality of measures.