Tech&Law Breakfast: How dynamic are dynamic injunctions?

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How dynamic is a dynamic injunction? An analysis of the characteristics and the permissible scope of dynamic injunctions under European Law

By Berdien van der Donk

Berdien van der Bank

Over the past years, a new type of blocking injunction to enforce online rights has emerged: the dynamic injunction. Due to the technical structure of the internet, regular blocking injunctions are easy to circumvent, and content can easily be re-hosted, re-uploaded or moved to a server abroad to further evade blocking measures. Dynamic injunctions have the potential to solve the problem of continuously enforcing rights online. Unlike normal blocking injunctions, which are specifically aimed at certain content and a certain infringer, a dynamic injunction’s scope is not set in stone. In October 2019, the Court of Justice of the European Union concluded in C-18/18 (Glawischnig-Piesczek) that the use of dynamic injunctions is non-conflicting with European law, paving a way for these injunctions to be used more frequently. During this breakfast talk, Berdien will analyse dynamic injunctions’ characteristics and the permissible scope of this type of injunction under European law.

Berdien van der Donk is a PhD-student at the Center for Information- and Innovation Law (CIIR). Her research interests revolve around online platforms and include: censorship, the application of human rights, and the enforcement of illegal and harmful content.

Programme

08:45 – 09:00 Doors open, coffee, tea, croissants etc.
09:00 Welcome
09:00 – 09:30 Research presentation
09:30 – 09:40 Q&A
09:45 End

Time and place:

March 2020, 8:45-09:45 at Pejsestuen (Atrium under the stairs), ground floor, room 7A.0.16, Njalsgade 76, DK-2300 Copenhagen S

Registration:

For participation in the lecture please use this registration form no later than 4 March 2020, 23:59. Questions? Write to sebastian.felix.schwemer@jur.ku.dk