Copyright enforcement by private parties against internet intermediaries
On 18 June 2021, Quad9, a non-profit Domain Name Server (DNS) resolver, received an interim injunction from the District Court of Hamburg, pursuant to an application made by Sony Music. The injunction requires Quad9 to block access to an allegedly copyright-infringing website. Blocking at the DNS-level by a global DNS resolver such as Quad9 would prevent users from accessing the affected website worldwide through Quad9’s service, although the court order only requires the blocking within the territory of Germany. In order to avoid over-blocking, Quad9 had to change the operation of its global service at great personal expense to distinguish between users in Germany and those in other territories. The associated costs were not duly taken into account by the court. Moreover, the injunction sets a precedent that places an obligation on a non-profit DNS service provider, which merely offers protection against malware and phishing, to police the internet for the sharing of possible copyright infringing material.
Copyright enforcement by private parties against internet intermediaries
Organisation Name
Gesellschaft für Freiheitsrechte, in collaboration with Quad9
Country/Jurisdiction
Germany
Amount Granted
EUR 75,194
Current Status
Ongoing
Grant type
Litigation Track Support
Description
On 18 June 2021, Quad9, a non-profit Domain Name Server (DNS) resolver, received an interim injunction from the District Court of Hamburg, pursuant to an application made by Sony Music. The injunction requires Quad9 to block access to an allegedly copyright-infringing website. Blocking at the DNS-level by a global DNS resolver such as Quad9 would prevent users from accessing the affected website worldwide through Quad9’s service, although the court order only requires the blocking within the territory of Germany. In order to avoid over-blocking, Quad9 had to change the operation of its global service at great personal expense to distinguish between users in Germany and those in other territories. The associated costs were not duly taken into account by the court. Moreover, the injunction sets a precedent that places an obligation on a non-profit DNS service provider, which merely offers protection against malware and phishing, to police the internet for the sharing of possible copyright infringing material.
GFF are supporting Quad9’s legal defence to ensure that access to information on the internet is not restricted disproportionately by judicial blocking orders against operators of DNS services.
GFF believe the case falls within the context of an increasing trend of copyright enforcement by private parties against internet intermediaries, threatening the free flow of information online by enlisting passive and technologically neutral third parties in copyright infringement disputes.
In March 2023, the Regional Court of Leipzig held in the main proceedings that Quad9 is liable as a perpetrator for alleged copyright infringements by third parties. GFF believe this ruling endangers freedom of information on the internet and as of late 2023 are appealing at the Dresden Higher Regional Court.
"the injunction sets a precedent that places an obligation on a non-profit DNS service provider, which merely offers protection against malware and phishing, to police the internet for the sharing of possible copyright infringing material"
Strategic Goals
1) Prevent a shift in copyright enforcement from infringers to non-hosting intermediaries.
2) Demonstrate the effects and risks of extraterritorial blocking orders to contain the dangers of website-blocking at DNS level.
3) Protect users against overly broad blocking injunctions, thus protecting their right to freedom of information.
4) Protect internet infrastructure providers that are essential for free and safe communication online from externalised risks and costs.