Site blocking is a hard fought achievement that allows rights holders to tackle online infringement without having to pursue site operators using expensive litigation that is often inadequate in stopping the operation.
It is a legal remedy which has been secured in the UK through the civil law jurisdiction with the use of applications to the High Court to secure orders requiring the main Internet Service Providers in the UK to prevent their subscribers accessing rogue websites. The benefit of this process is that it avoids having to find and chase down online operators around the globe who all utilize various services to hide their identity. Instead the internet infrastructure is used to prevent access to the infringer’s website operation.
- Site-blocking involves a court order requiring broadband providers to prevent subscriber access to blocked websites. This remedy is now available in 18 countries in Europe and in 7 countries in the rest of the world.
- The remedy is extremely effective – usage of blocked sites drops by approximately 75% in the territory where the block is ordered.
- The remedy is available to all IP owners – copyright, trade mark, design right etc.
- A scalable remedy that can deliver real results – it has been found that since these blocks were introduced there has been a 6% increase in visits to paid legal streaming sites like Netflix and a 10% increase in videos viewed on legal ad-supported streaming sites like BBC and Channel 5.1
- INCOPRO is the leading technology provider in the provision of site blocking services. Our technology and expert analysts assists in every stage of the process.
What is the best target for site blocking? Where is the site based? How popular is the site? Is it a site that is likely to be found using Google? Will the site be easy to block or will it require complex notifications?
INCOPRO’s systems enable the identification of the best site blocking targets in all countries that have implemented and applied the site blocking remedy. INCOPRO’s team has given expert evidence concerning the structure of different categories of website and statistical analysis on the extent of infringing content on these sites.
INCOPRO’s systems and evidence have been reviewed by courts in both the copyright and trade mark context. With INCOPRO, you can be confident that you have identified the best strategy for site blocking enforcement.
A continuous global check of infringing locations
- Identify the priority targets for blocking
- Identify the real commercial threats
When an application for site blocking is made, evidence is required to persuade the court that it is appropriate to make an order requiring broadband providers to block the site. This evidence must
address the nature of the infringements being undertaken by the site, the extent of infringing activity, whether the site is targeted at the territory in question and whether it is proportionate to block the site.
INCOPRO has supported application to block over 50 websites. Our evidence has proved essential in demonstrating that the site should be blocked.
Pro forma evidence prepared
- Statements for Court delivered promptly and in accordance with local law requirements
All issues for proportionality considered
Statistical evidence on focus of site
Our experience means you can rely on us to get it right
Blockwatch is a comprehensive solution which safe-guards the site-blocking remedy for IP owners. When a website is blocked, it is essential to ensure that it is monitored so that the block is most effective with all domain names and IP addresses monitored. It is also critical to ensure that websites that are not meant to be blocked are not caught up in the process and that if the blocked site changes then this is monitored in case it ceases to infringe IP rights.
INCORPO’s Blockwatch system gives you the confidence that website blocking will not be used wrongly and that the blocks will have maximum impact.
Automated and Reliable
A continuous global check
- Hourly alert on changes that must be notified to ISPs
- Site changes monitored by fingerprinting
All server hosts monitored
- Automated check for inactive, shared, or dedicated IP addresses
- Dedicated proxies and new (sub)domains located
- Reverse-proxy type services identified (such as CloudFlare)
Once you have obtained your blocking order, you will want to know the impact. INCOPRO analysts track the blocked sites to determine the extent of decline in usage and the extent of legal alternative uptake. Our reports have been relied on in several key applications to court for both copyright and trade mark owners. Our reports also provide valuable data for political outreach.
Some examples of our studies on site blocking impact can be found HERE
All sub-domains monitored
- Data collected for all key global territories enabling comparison on usage across territories
- Proxies monitored
Learn more about global site blocking