From Little Things Big Things Grow: Australia’s Evolving Site Blocking Regime
Australia's website-blocking regime, introduced in 2015 and expanded in 2018, permits injunctions requiring internet service and search engine providers to block access to overseas websites that have the "primary effect" or "primary purpose" of facilitating copyright infring...
| Main Authors: | , |
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| Format: | Journal Article |
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Thomson Reuters
2020
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| Online Access: | http://hdl.handle.net/20.500.11937/87248 |
| _version_ | 1848764905021243392 |
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| author | Foong, Cheryl Gray, Joanne |
| author_facet | Foong, Cheryl Gray, Joanne |
| author_sort | Foong, Cheryl |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | Australia's website-blocking regime, introduced in 2015 and expanded in 2018, permits injunctions requiring internet service and search engine providers to block access to overseas websites that have the "primary effect" or "primary purpose" of facilitating copyright infringement. Furthermore, the injunction may be "adaptive" in nature – rightsholders may by agreement with internet service or search engine providers extend the injunction to apply to mirror locations online, without returning to court. In this article, we critically analyse the trajectory of this so-called "no fault" enforcement regime, and highlight the lack of transparency fostered by the regime. We challenge the conception of the regime as a form of proprietary protection and the resulting uncritical reliance by lawmakers on private ordering as a keystone of online copyright enforcement. Finally, we provide recommendations for addressing the flaws in the current design of Australia's copyright site-blocking regime. |
| first_indexed | 2025-11-14T11:26:46Z |
| format | Journal Article |
| id | curtin-20.500.11937-87248 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T11:26:46Z |
| publishDate | 2020 |
| publisher | Thomson Reuters |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-872482022-01-27T03:20:53Z From Little Things Big Things Grow: Australia’s Evolving Site Blocking Regime Foong, Cheryl Gray, Joanne 4806 - Private law and civil obligations 1801 - Law Australia's website-blocking regime, introduced in 2015 and expanded in 2018, permits injunctions requiring internet service and search engine providers to block access to overseas websites that have the "primary effect" or "primary purpose" of facilitating copyright infringement. Furthermore, the injunction may be "adaptive" in nature – rightsholders may by agreement with internet service or search engine providers extend the injunction to apply to mirror locations online, without returning to court. In this article, we critically analyse the trajectory of this so-called "no fault" enforcement regime, and highlight the lack of transparency fostered by the regime. We challenge the conception of the regime as a form of proprietary protection and the resulting uncritical reliance by lawmakers on private ordering as a keystone of online copyright enforcement. Finally, we provide recommendations for addressing the flaws in the current design of Australia's copyright site-blocking regime. 2020 Journal Article http://hdl.handle.net/20.500.11937/87248 Thomson Reuters fulltext |
| spellingShingle | 4806 - Private law and civil obligations 1801 - Law Foong, Cheryl Gray, Joanne From Little Things Big Things Grow: Australia’s Evolving Site Blocking Regime |
| title | From Little Things Big Things Grow: Australia’s Evolving Site Blocking Regime |
| title_full | From Little Things Big Things Grow: Australia’s Evolving Site Blocking Regime |
| title_fullStr | From Little Things Big Things Grow: Australia’s Evolving Site Blocking Regime |
| title_full_unstemmed | From Little Things Big Things Grow: Australia’s Evolving Site Blocking Regime |
| title_short | From Little Things Big Things Grow: Australia’s Evolving Site Blocking Regime |
| title_sort | from little things big things grow: australia’s evolving site blocking regime |
| topic | 4806 - Private law and civil obligations 1801 - Law |
| url | http://hdl.handle.net/20.500.11937/87248 |