Saturday, 2 March 2013
EMI Records Ltd & Ors v British Sky Broadcasting Ltd & Ors  EWHC 379 (Ch)
EMI Records Ltd & Ors v British Sky Broadcasting Ltd & Ors  EWHC 379 (Ch) (28 February 2013): "Turning to question 4, the Oberster Gerichtshof expresses concern at [4.1] that Courts in different Member States have reached different conclusions on the proportionality of blocking orders. It suggests at [4.2] that the question "should be judged in a uniform manner throughout Europe" in accordance with "guidelines for assessing the proportionality of specific blocking measures" laid down by the CJEU. I would respectfully suggest that, whether or not the CJEU accedes to the invitation to issue guidelines, the proportionality of a blocking order is bound to be a context-sensitive question. As I hope my judgments in 20C Fox v BT, Dramatico v Sky (No 2) and the present case demonstrate, this Court does not make such orders without thorough consideration of whether it is appropriate to make an order in the light of the specific facts of each case. Question 4 suggests that blocking orders "require not inconsiderable costs and can easily be circumvented without any special technical knowledge". I shall address these points in turn." 'via Blog this'