- ISP liability in the age of ‘stream ripping’ (Young Turks Recordings v BT and others)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
TMT analysis: This decision provides readers with a succinct but thorough summary of the law as it stands in relation to internet service provider (ISP) liability and website-blocking orders where an unknown third party is operating websites and applications which facilitate or contain copyright infringing content. The case relates in particular to an infringing practice called ‘stream ripping’, mostly done on YouTube. This is where an unauthorised user ‘rips’ the audio files embedded in music videos and other YouTube content, downloading the same and then proceeding to share or offer the audio file for sale. The court held that the claimants should be granted the website-blocking order sought against the defendants, who were several ISPs in the UK (including BT, EE and Sky) who make up around 90% of the market. There were also interesting issues about website operator liability and targeting which were addressed in the decision. Written by Philip Partington, partner and head of intellectual property, and Lakmal Walawage, associate (intellectual property), at JMW Solicitors LLP.
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