By Graham Smith, Of Counsel, Bird & Bird LLP, London, UK

The CJEU’s recent copyright decision in Anne Frank endorses state of the art geo-blocking as an effective way of shielding a website from the different copyright laws of another EU Member State. Although the result on the facts is welcome, the potential implications of the Court’s underlying reasoning are less so. At a principled level, the judgment creates post-Brexit divergence with the UK courts’ targeting approach to cross-border online copyright infringement.

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