The blocking of web pages due to stream ripping in Mexico

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Cookies Settings

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

François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Gift this article