The blocking of web pages due to stream ripping in Mexico
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement
Expert AnalysisLocal Insights

The blocking of web pages due to stream ripping in Mexico

Sponsored by


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 ros bottom lb

More from across our site

Darren Jiron, Finnegan’s managing partner in London, discusses the firm’s growth plans and misconceptions about US firm culture
The EMEA region research cycle has commenced - do not miss this opportunity to nominate your work from 2023!
A former partner at Stroock & Stroock & Lavan, which voted to dissolve in October, has joined McCarter & English
As ChatGPT celebrates its first birthday, we are still grappling with a multitude of IP concerns
Sources say an official role at an IP industry body is great for generating business leads, but that shouldn’t be the only motivation behind taking on the responsibility
Breton is commissioner for the internal market in the EU at the European Commission
Kupecz is a judge at the UPC Central Division in Germany
Hakki is senior partner at Shearman & Sterling in the US and Dejonghe is senior partner at Allen & Overy in London
Jaramillo is health minister for the Colombian government
Birss is a judge at the England and Wales Court of Appeal in London