The Commercial Court No. 6 of Barcelona has admitted to processing the annulment incidents presented by Cloudflare and the cybersecurity community RootedCON, who are seeking to overturn the ruling that allows LaLiga and Telefónica to execute massive blocking of IP addresses and domains during each round of football broadcasts.
According to BandaAncha.eu, LaLiga and Telefónica Audiovisual rely on this ruling to order the main telecommunications operators in Spain to block up to 123 domains and IP addresses allegedly involved in the illegal streaming of matches. However, both legal initiatives argue that these measures are indiscriminate and cause harm to third parties unrelated to the illegal broadcasts.
Cloudflare and RootedCON aim to stop massive blocking
Cloudflare was the first entity to legally challenge the ruling by filing an annulment incident, an exceptional procedure that allows for the contestation of final resolutions when it is believed that fundamental rights have been violated that could not be reported previously. The American technology company claimed that LaLiga concealed from the court the “foreseeable harm to third parties and the public interest,” seeking with its action to set a precedent that prevents future mass blockings without sufficient guarantees.
The court admitted its request last week and granted five days for the involved parties to present arguments. LaLiga and Telefónica responded on Monday with their formal opposition to the incident.
For its part, the cybersecurity community RootedCON, along with a group of affected individuals represented by lawyer specialized in cyber law Javier A. Maestre, filed its own annulment incident, which was also admitted yesterday. In their case, they included an expert report documenting the damage caused to third parties not involved in sports content piracy.
Possible consequences of the admission of the incident
The acceptance of these annulment incidents means that the judge will have to re-examine the authorized blocking measures, considering whether they were adopted with due proportionality and respect for fundamental rights.
From this point onward, the process may take different paths:
- Review and clarification of the ruling: Although it is unlikely that a final ruling will be suspended, the judge could specify how the blockings should be carried out to minimize their impact on third parties.
- Additional guarantees: LaLiga and Telefónica may be required to establish stricter oversight mechanisms regarding the lists of blocked IPs and domains.
- Corrections in implementation: In the worst-case scenario for the plaintiffs, the annulment incidents could be dismissed, but the court could still order adjustments in how the blockings are enforced.
This case raises the debate on the need to balance the protection of broadcasting rights with respect for fundamental digital rights and the prevention of collateral damage to the Internet infrastructure.