Belgian court upholds DNS blocking order impacting OpenDNS

Belgium's legal landscape around internet piracy has taken a significant turn. A recent court decision has upheld a DNS blocking order that compels major DNS providers like Cloudflare, Google, and Cisco to block pirate streaming domains. This move has already led Cisco to pull its OpenDNS service from Belgium, a decision that may soon be enacted again. The ruling, reported by TorrentFreak, marks a critical point in Belgium's efforts to combat piracy.

The order, initially obtained by sports rightsholder DAZN, requires DNS providers to prevent access to pirate sites, particularly those streaming live sports. While Google and Cloudflare have complied, Cisco's OpenDNS has faced challenges, citing technical and operational difficulties. As the situation develops, content creators should be aware of how these legal changes might impact their work.

What actually happened

In Belgium, a court has upheld a DNS blocking order that was first obtained by DAZN, a sports streaming service. This order mandates that major DNS providers like Cloudflare, Google, and Cisco block access to specific pirate streaming domains. The decision was made to enhance the effectiveness of existing ISP-level blocking measures. Cisco's response to this order was to remove its OpenDNS service from Belgium, citing technical challenges in implementing the required selective, geolocated, and dynamic blocking.

The court's decision emphasizes that it is technically feasible for alternative DNS resolvers to block domains. It also notes that the companies involved did not adequately demonstrate that the costs of compliance would be disproportionate. Although the court relaxed some requirements, such as redirecting users to a warning page, the €100,000 daily fine remains for non-compliance on days when DAZN matches are broadcast live. Cisco plans to appeal, but unless successful, OpenDNS users in Belgium may lose access again.

The blocking order has a practical implementation strategy. DAZN can submit one blocklist update per week, with a maximum of 100 new domains. This list must be submitted at least seven working days before the desired matchday. DNS providers then have five working days to implement these changes, with blocks going live 90 minutes before a match starts. This timing is designed to catch pirates off guard, making it difficult for them to anticipate and circumvent the blocks.

Why this matters for creators

For content creators, especially those in the adult industry, this legal development in Belgium highlights the ongoing challenges in protecting digital content. DNS blocking orders like this one can disrupt access to pirate sites, potentially reducing unauthorized sharing of content. However, it also underscores the complexity and variability of legal measures across different regions.

This ruling may set a precedent for other countries considering similar measures, impacting how creators manage and protect their content online. It also illustrates the importance of understanding how DNS and ISP-level blocking can affect distribution channels. Creators should be aware that changes in DNS services could impact their ability to reach audiences in affected regions, necessitating adjustments in their content distribution strategies.

Moreover, the ruling shows how legal frameworks can evolve quickly, requiring creators to stay vigilant about international developments. As more countries look to implement similar measures, creators must be prepared to adapt their strategies to ensure their content remains accessible and protected.

What you can do about it

1. Monitor legal developments: Stay informed about legal changes in regions where your content is consumed. This involves regularly checking updates from reliable sources and understanding how these changes might affect access to your content. Being proactive allows you to adapt your distribution strategy accordingly.

2. Evaluate your distribution channels: Review the platforms and services you use to distribute content. Ensure they are compliant with local laws and capable of adapting to changes in DNS blocking or other legal measures. This might involve choosing platforms that have a strong compliance record and are responsive to legal shifts.

3. Enhance content protection: Use digital rights management (DRM) tools to protect your content from unauthorized access and sharing. These tools can prevent unauthorized downloads and help you maintain control over your work. Implementing such technologies can be a critical step in securing your content.

4. Engage with legal experts: Consult with legal professionals who specialize in digital content and intellectual property. They can provide guidance on how to navigate complex legal landscapes and protect your interests. This is not legal advice, but legal experts can help you understand your options and obligations.

5. Communicate with your audience: Keep your audience informed about any changes that might affect their access to your content. Transparency can help maintain trust and loyalty, even if access methods need to change. Consider using newsletters or social media updates to keep your audience in the loop.

6. Consider alternative DNS solutions: If DNS blocking impacts your content's accessibility, explore alternative DNS solutions or services that comply with local laws but still serve your audience effectively. This may involve researching DNS providers that offer compliance with regional regulations while maintaining service quality.

7. Plan for future changes: Anticipate that more regions might adopt similar blocking measures. Develop a flexible content distribution strategy that can quickly adapt to new legal requirements. This includes having contingency plans for sudden changes in DNS or ISP policies that could affect your content's reach.

When you want this handled for you

If navigating these challenges feels overwhelming, consider professional help. See how unlimited takedowns work to protect your content and ensure it remains accessible to your audience without the hassle of managing legal complexities on your own.