Zulässigkeit von Zugangserschwerungsverfügungen gegen Access-Provider bei (drohenden) Urheberrechtsverletzungen

The enforcement of the copyright law is one of the legal challenges of the digitalized society in the 21st century. Hereby, the state lacks its own infrastructure which seems to promote the establishment of private enforcement mechanisms. One of the pieces in the mosaic of such an enforcement mechanism, with huge implications for the society as such, is the question of the liability of Internet Service Providers. This survey scrutinizes the requirements put up by European directives first before it develops a “moveable system” of concrete blocking injunctions in the light of the primary European law limits against ISPs. Subsequently, the German, Austrian, and British current legal frameworks with regard to blocking injunctions against ISPs will be introduced shortly. This is followed by a micro- and macro-comparative analysis from which several assertions are inferred. Thus, both the EU law as well as comparative law insights are properly considered while three solutions with respect to the German law de lege ferenda will be presented.