The bad news: pop-up ads don’t violate copyright and trademark laws, even when they put one competitor’s ad up over another one’s.
The good news: hyperlinking to copyrighted material is not a copyright infringement, and ISPs aren’t responsible for what their customers link to … at least in the Netherlands.
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The hyperlinking case in the UK is going to be the interesting one, if it ever actually appears in a court room. It’ll be interesting to see what happens if they win.