The Commercial Courts of Barcelona have ordered Internet access providers in Spain to block access to three websites operated by a manufacturer and distributor of circumvention software devices for Nintendo Switch, and two portals that offered pirated video games for that platform.
In two rulings, the Mercantile Court number 2 of Barcelona has ordered the six main Spanish broadband and mobile internet providers – Telefónica, Telefónica Móviles, Orange, Vodafone, Vodafone ONO and Xfera Móviles – to block their customers’ access in Spain to three websites that distribute both devices and circumvention software for Nintendo Switch as well as two websites who offered pirated games.
This is the first decision of this kind in continental Europe, following the UK High Court decision in late 2019 that ordered the top five UK providers to block their subscribers from accessing the similar TPM circumventing websites. Until now, right holders needed to address the companies or individuals behind the websites directly. This poses many problems are they are often difficult to find underground operations being managed from abroad. This decisions will pave the way for more straightforward enforcement for intellectual property holders.
Esquivel & Martin Santos
EU & Spain Intellectual Property firm