UK/HC10C04385/Newzbin2 BT

File:Newzbin2 BT.pdf

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

Mr Justice Arnold

INTELLECTUAL PROPERTY

17th September 2012

CLAIM NO. HC10C04385

Between

(1) TWENTIETH CENTURY FOX FILM CORPORATION

(2) UNIVERSAL CITY STUDIOS LLC

(3) WARNER BROS. ENTERTAINMENT INC.

(4) PARAMOUNT PICTURES CORPORATION

(5) DISNEY ENTERPRISES, INC.

(6) COLUMBIA PICTURES INDUSTRIES, INC.

(the members of the Motion Picture Association of America Inc, on their own behalf and on behalf of all other companies that are controlled by, controlling of or under common control with such members (together the "Group Companies") that are the owners, or exclusive licensees, of the copyright in films and television programmes)

Applicants

-and-

BRITISH TELECOMMUNICATIONS PLC

Respondent

ORDER

UPON THE APPLICATION of the above named Applicants under the liberty to apply provision in the Order of Mr Justice Arnold made on 26 October 2011 by Application Notice dated 17 September 2012

AND UPON reading the documents recorded on the court file as having been read

AND UPON the parties have agreed the terms of this order

IT IS ORDERED THAT the Order of Mr Justice Arnold be varied to provide as follows:

1. In respect of its customers to whose internet service the system known as Cleanfeed is applied whether optionally or otherwise, the Respondent shall adopt the following technical means to block or attempt to block access by its customers to the website known as Newzbin2 currently accessible at www.newzbin.com, its domains and sub-domains and including payments.newzbin.com and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to the Newzbin2 website. The technical means to be adopted are:

(i) IP address re-routing in respect of each and every IP address from which the said website operates and which is notified in writing to the Respondent by the Applicants or their agents; and

(ii) DPI-based URL blocking utilising at least summary analysis in respect of each and every URL available at the said website and its domains and sub-domains and which is notified in writing to the Respondent by the Applicants or their agents.

2. For the avoidance of doubt paragraph 1 is compiled with if the Respondent uses the system known as Cleanfeed and does not require the Respondent to adopt DPI-based URL blocking utilising detailed analysis.

3. In respect of its customers to whose internet service the system known as Cleanfeed is applied whether optionally or otherwise, the Respondent shall within 10 days adopt the following technical means to block or attempt to block access by its customers to the Newzbin2 website. The technical means to be adopted is IP address blocking in respect of each and every IP address from which the Newzbin2 website operates and which is:

(i) notified in writing to the Respondent by the Applicants or their agents; and

(ii) in respect of which the Applicants or their agents notify the Respondent that the server with the notified IP address does not also host a site that is not part of the Newzbin2 website.

4. In respect of its internet service customers who use the Respondent’s Domain Name System ("DNS") servers, the Respondent shall within 14 days adopt the following technical means to block or attempt to block access by its customers to the Newzbin2 website. The technical means to be adopted is DNS blocking in respect of the Newzbin2 websites which are notified in writing to the Respondent by the Applicants or their agents.

5. The Respondent shall not be in breach of this order if it temporarily suspends the technical means described herein upon forming the reasonable view that such temporary suspension is necessary in order to maintain the integrity of its internet service or the functioning of the Cleanfeed system provided that it notifies the Applicants of such suspension.

6. The parties have permission to apply on notice in the event of any material change of circumstances including, for the avoidance of doubt but without limiting the generality of the foregoing, in respect of the costs, consequences for the parties and effectiveness of the aforesaid technical means from time to time.

7. There be no order as to costs.

By consent the parties agree to a variation of the Order of Mr Justice Arnold made on 26 October 2011 in the above terms.

Order sent to

Wiggin LLP 10th Floor Met Building 22 Percy Street London W1T 2BU

Solicitors for the Applicants