Understanding relevant technologies

Cybercrime Convention?
- Same framework, orders can only be against the one that is owner or controller of the relevant data or that has actual control over data
- Facebook Switzerland merely engages in support-marketing, sale of ad-space and public relations and communication

Liability of private file sharers
Liability of intermediaries
Liability of registrars (“disconnecting injunction”)

Use Of The Tools Provided By Platform Providers To Detect And Take Down Infringers – Will Lawyers Be Redundant?

Malicious programs which either restrict or prevent access to data and systems or encrpyt data using strong symmetrical and assymetrical mechanisms and only release these resources against payment of ransom money (to be paid in crypto-currencies)

“Computer Fraud means:
The use of any computer to fraudulently cause a transfer of Money, Securities or Other Property from inside the Premises or Financial Institution Premises:
1. to a person (other than a Messenger) outside the Premises or Financial Institution Premises; or
2. to a place outside the Premises or Financial Institution Premises.”

This presentation will explain how Blocking Injunctions, as they have become known, developed in the UK and what they are designed to address. In doing so, we will explain how this remedy has been adapted to cope with IP rights infringements which are enabled by different underlying technologies and involve different underlying IP rights.

The purpose of this Report is to set out how Blocking Injunctions, as they have become known, developed in the UK and what they are designed to address. In doing so, I will explain how this remedy has been adapted to cope with infringements which utilise different underlying technologies and different underlying IP rights. I will also set out how the Blocking Injunctions have been designed with precision in mind (a requirement under English law), whilst at the same time being flexible enough to deal with attempts by infringers to circumvent them.

A Blocking Injunction is an Order that can be sought by an IP rightsholder against providers of internet access (ISPs) where the ISPs’ services are being used by others to infringe the rightsholder’s IP. Crucially, it is not a requirement that the ISPs themselves are at fault. It is enough that the ISPs’ services are enabling the infringement of IP rights through technology provided by third parties to users. As the name suggests, the Blocking Injunction is a Court Order requiring the ISPs to block users’ access to that third party technology.