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What is a website blocking injunction under 17 USC 512(j)

Posted by Steve Vondran | Oct 27, 2022

Attorney Steve® Copyright Law Essentials - DMCA - Website Injunctions

website to be shut down

Introduction

Website blocking injunctions are a controversial topic in the United States. They are seen as a way to combat online piracy, but they can also be used to censor lawful speech. DMCA 512(j) is a provision in the Digital Millennium Copyright Act that allows copyright holders to obtain injunctions against service providers who areFacilitating or engaging in infringing activities. Website blocking injunctions have been used to block access to file-sharing websites, social networking sites, and even search engines. They have also been used to block access to content that is critical of the government or corporations. Website blocking injunctions are controversial because they can be used to censor lawful speech and prevent people from accessing information that they have a right to see.

What does the law say?

(j)Injunctions.—The following rules shall apply in the case of any application for an injunction under section 502 against a service provider that is not subject to monetary remedies under this section:
 
(1)Scope of relief.—
 
(A)With respect to conduct other than that which qualifies for the limitation on remedies set forth in subsection
 
(a), the court may grant injunctive relief with respect to a service provider only in one or more of the following forms:
 
(i)An order restraining the service provider from providing access to infringing material or activity residing at a particular online site on the provider's system or network.
 
(ii)An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is engaging in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.
 
(iii)Such other injunctive relief as the court may consider necessary to prevent or restrain infringement of copyrighted material specified in the order of the court at a particular online location, if such relief is the least burdensome to the service provider among the forms of relief comparably effective for that purpose.
 
(B)If the service provider qualifies for the limitation on remedies described in subsection
 
(a), the court may only grant injunctive relief in one or both of the following forms:
 
(i)An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is using the provider's service to engage in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.
 
(ii)An order restraining the service provider from providing access, by taking reasonable steps specified in the order to block access, to a specific, identified online location outside the United States.


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About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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