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open library Early August, we reported on a remarkable court order handed down by the Dutch Business Court in Brussels. It compelled internet providers, hosting companies, and other intermediaries to block access to several ‘pirate’ sites and deny access to payment providers.

The targeted domain names are linked to known shadow libraries such as Anna’s Archive, LibGen, and Z-Library. However, the order also listed Internet Archive’s Open Library project as a structurally infringing website.

When making their case in favor of a blocking order, the plaintiffs argued that the sites’ operators were difficult to reach, which the court accepted in its ruling. While this can be true for classic pirate sites, Open Library is quite approachable; it’s operated by the Internet Archive, a U.S.-registered 501(c)(3) non-profit.

Despite this apparent conflict, the court signed off on an order that clearly requires ISPs and other companies to block access to Openlibrary.org.

Open Library Remains Accessible

After publishing our report the Internet Archive informed us that the Open Library project remained accessible in Belgium. Along with domains operated by four ‘target sites’, Open Library’s domain was listed on the master blacklist of FPS Economy, which oversees site blocking measures in Belgium. The site wasn’t actually blocked, however.

Hoping for clarification on what had led to Open Library’s exclusion, despite the presence of a clear blocking order, we contacted the responsible Belgian federal authority. Our request remains unanswered, but an official implementation plan for the order, published last week, explains what’s going on.

The follow-up order was published by the Department for Combating Infringements of Copyright and Related Rights Committed Online and the Illegal Exploitation of Online Games of Chance, which is part of a larger Belgian government ministry, FPS Economy.

Essentially, the order from the Business Court in Brussels granted authority for the department to determine the detailed technical rules for execution of the blocking order, to ensure that blocking is effective. That process allows for reversing or pausing blocking requirements, and that’s why Open Library remains accessible.

New Order Defers Open Library Blocking

As noted earlier, the implementation order indicates that the owner of Open Library is easily identified. In fact, the Belgian authorities formally heard the Internet Archive on July 28, after the blocking order was issued.

The original court order listed Internet Archive as the hosting service of Open Library, although it’s also the platform’s owner. Based on this information and the hearing, the blocking decision was deferred.

The implementation order urges the Internet Archive to consult the publishers who requested the blocking measures, to see if an agreement can be reached.

“Due to the capacity of this intermediary as website owner, the Department considers that additional consultation with the parties involved (Internet Archive, requesting parties) is necessary and that, if necessary, the implementation measures that have to be taken by this party will be determined in consultation with the parties involved in a later decision,” the order reads.

Blocking On Hold
ia follow-up

Internet Archive’s Director of Library Services, Chris Freeland, informs us that since they are working with the Belgian authorities on the next steps, no further details are being shared at this time.

Two-Step Blocking Process

This new information confirms that Belgium operates a two-step process when it comes to these types of blocking orders. The original business court orders are formal but not final. They can change significantly based on a follow-up implementation order issued by Belgium’s Federal Public Service (FPS).

In addition to the crucial pausing of blocking measures against Open Library, the follow-up order also removed intermediary Amazon as a blocking target since it provides no services to any of the targeted sites.

Amazon is Exempt
amazon exempt

The order further clarifies that payment intermediaries like PayPal and Alipay will only be required to suspend services after the rightsholders share specific, detailed information (e.g., email addresses, account numbers) that allows them to reasonably identify the associated customer.

Finally, the order notes that rightsholders can request new domains and mirror sites to be added to the blocklist, with a limit of 50 new domain names per month. Once approved by the department, these will be added to the blocklist on a monthly basis.

All in all, it’s clear that the Belgian blocking process is more involved than a single court order. Whether Open Library will still face some level of blocking will become clearer in the days and weeks ahead. Whether details of the ‘consultation’ will be made available to the public in the interests of transparency remains unknown.

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A copy of the implementation decision/order, issued by the Department for Combating Infringements of Copyright and Related Rights Committed Online and the Illegal Exploitation of Online Games of Chance, is available here (pdf).

From: TF, for the latest news on copyright battles, piracy and more.