The blocking of web pages due to stream ripping in Mexico

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

The blocking of web pages due to stream ripping in Mexico

Sponsored by

olivares-400px.jpg
earphones-6597967.jpg

Moisés Castorena Katz of Olivares reports on a non-binding resolution that draws on the Mexican Supreme Court’s ruling that web pages can be blocked if they violate third-party copyright to a sufficient degree

On August 25 2023, a non-binding resolution issued by a Circuit Court in Mexico City correctly followed the criterion the Supreme Court used in its ruling on the famous Alestra case. The Supreme Court determined that the blocking of web pages is appropriate when they contain, in a major amount, infringing content of third parties’ copyrights.

The non-binding resolution maintains that in an amparo trial (comparable to the North American judicial review), a provisional suspension requested by internet providers against any orders to block internet pages, with the aim to avoid such blocking, must be denied when the page offers users, predominantly, services of ‘content ripping’ or ‘stream ripping’. Such services would be against public order provisions and would affect the social interest.

This legal criterion of the Circuit Court stems from the arguments applied by the Supreme Court when resolving the Alestra case. The dispute concerned the Mexican Institute of Industrial Property imposing a blocking order as a precautionary measure on a website using sound recordings through hyperlinks, without the authorisation of the corresponding rights holder.

The Circuit Court correctly qualified the concept of ‘totality’ – in terms of the amount of infringing content on the website – and interpreted that the refusal of the courts to grant provisional measures against the order to block a website is appropriate in cases in which the violations of third-party copyrights are carried out predominantly. This, in a personal opinion, is what the Supreme Court sought to convey through the arguments of the Alestra case sentence.

Although the non-binding resolution is not mandatory, it is indicative for future related cases.

more from across site and SHARED ros bottom lb

More from across our site

Angela Oliver shares tips for preparing oral arguments, and reveals her passion for marine biology
The Getty Images v Stability AI case, which will hear untested points of law, is a reminder of the importance of the legal system and the excitement it can generate
Firms explain the IP concerns that can arise amid attempts by brands to show off their ‘Canadianness’ to consumers
Counsel say they will be monitoring issues such as the placement of house marks, and how Mondelēz demonstrates a likelihood of confusion in its dispute with Aldi
The EUIPO expanding its mediation services and a new Riyadh office for Simmons & Simmons were also among the top talking points this week
David Boundy explains why Pierson Ferdinand provides a platform that will allow him to use administrative law to address IP concerns
Developments included an anti-anti-suit injunction being granted for the first time, and the court clarifying that it can adjudicate over alleged infringements that occurred before June 2023
Griffith Hack’s Amanda Stark, one of our ‘Top 250 Women in IP’, explains how peer support from male colleagues is crucial, and reveals why the life sciences sector is thriving
The case, which could offer clarity on the training of AI models within the context of copyright law, will go to trial in the UK next week
CMS IndusLaw co-founder Suneeth Katarki says he plans to hire a patent team in India and argues that IP should play a major role within full-service firms
Gift this article