European ISPs Demand Rightsholders Pay for Overblocking Damage

Over 7,700 domain names taken down as collateral damage in Italy alone. That's the number EuroISPA just handed to the European Commission as evidence that site-blocking has gone off the rails.

EuroISPA's filing doesn't mince words: the Commission's own 2023 evaluation of live-event piracy measures concluded they had "limited positive effects" and didn't materially reduce piracy. The problem isn't a legislative gap—it's enforcement run amok. The Commission should prioritize enforcing existing law, not dreaming up new obligations.

7,700 Domains and Counting: The Real Cost of IP Blocking

Italy's Piracy Shield system couldn't tell a pirate site from a Portuguese hosting provider. That provider lost email connectivity with Italian customers for 16 days. Cloudflare got hit with a €14 million fine for refusing to comply with blocking demands it couldn't technically implement at the IP level.

Spain's LaLiga obtained a blocking order targeting shared IP addresses—the same addresses hosting thousands of legitimate sites. EuroISPA says millions of Spanish internet users lost access to banking apps, developer tools, and payment platforms as a direct result.

The trend extends to DNS resolvers and VPN providers. Cisco pulled OpenDNS from France in 2024 and Belgium in 2025 rather than comply with blocking orders. The Belgian appeal outcome "may have significant consequences for the scope of future blocking orders across the EU."

Accountability Through IPRED: No New Laws Needed

EuroISPA points directly to the CEPS report from April, which recommended rightsholders be held liable for overblocking. The ISP group makes the same demand: rightsholders should pay for the collateral damage they cause. The EU's Intellectual Property Rights Enforcement Directive (IPRED) already provides the legal basis—no new legislation required.

The filing also attacks rapid-blocking requirements like Italy's 30-minute takedown window. "The current absence of such mechanisms creates a structural burden that falls disproportionately on smaller providers," EuroISPA writes.

Whether the Commission listens remains to be seen. But the evidence is on the table: 7,700 domains, 16 days of email blackout, millions of ordinary users locked out of banking. Rightsholders who push for blunt-instrument blocking should be ready to pay for the mess.

Source: European ISPs Want Rightsholders Held Accountable for Overblocking Damage
Domain: torrentfreak.com