|How to circumvent a block|
|Yes, blocking orders are |
compatible with EU law
|But where do you read that |
they are also mandatory?
Blocking orders appear compatible with EU law. This conclusion does not solely follow from the Telekabel decision (although this was issued with specific regard to Article 8(3) of the InfoSoc Directive), but was already apparent from the 2011 CJEU decision in L'Oréal, in which the CJEU had been called to interpret the third sentence in Article 11 of the Enforcement Directive [twin provision to Article 8(3) of the InfoSoc Directive, although not relating specifically to copyright].
In L'Oréal the Court held in fact that Member States must ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe an IP right. This means that national courts must be allowed "to order an online service provider ... to take measures that contribute not only to bringing to an end infringements committed through that marketplace, but also to preventing further infringements." [para 131]
|The InfoSoc Directive in a nutshell?|