UK/HC11C04518/AMF B1047-008 docs 076N

From 451wiki
Jump to: navigation, search

File:AMF B1047-008 docs 076N.pdf

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

The Honourable Mr Justice Arnold
Friday the 27th day of April 2012
CLAIM NO. HC11C04518

Between

(1) DRAMATICO ENTERTAINMENT LIMITED
(2) EMI RECORDS LIMITED
(3) MERCURY RECORDS LIMITED
(4) POLYDOR LIMITED
(5) ROUGH TRADE RECORDS LIMITED
(6) SONY MUSIC ENTERTAINMENT UK LIMITED
(7) VIRGIN RECORDS LIMITED
(8) WARNER MUSIC LIMITED
(9) 679 RECORDINGS LIMITED
(suing on their own behalf and in a representative capacity on behalf of the members of BPI (British Record Music Industry) Limited and of Phonographic Performance Limited)
Applicants
-and-
(1) BRITISH SKY BROADCASTING LIMITED
(2) BRITISH TELECOMMUNICATIONS PLC
(3) EVERYTHING EVERYWHERE LIMITED
(4)TALKTALK TELECOM GROUP PLC
(5) TELEPHÓNICA UK LIMITED
(6) VIRGIN MEDIA LIMITED
Respondents

Order

UPON THE APPLICATION of the Claimants/Applicants ("the Applicants") by their Application Notice dated 21 December 2011

AND UPON READING Counsel for the Applicants’ skeleton argument

AND UPON the Court having declared (by the Order of Mr Justice Arnold dated 20 February 2012) that, on the evidence before the Court, the operators and the users of the Pirate Bay Website (as defined below) infringe the copyrights of the Claimants (and those they represent) in the UK

IT IS ORDERED as against the First Defendant/Respondent, British Sky Broadcasting Limited, ("the First Respondent”) as follows:

1. That, in respect of its residential fixed line Sky Broadband customers, to whose service the system known as Hawkeye is applied, the First Respondent shall by 1 June 2012 in relation to IP addresses and URLS initially notified to it (and thereafter within 10 working days of receiving any subsequent notification) adopt the following technical means to block or attempt to block access to the website currently known as The Pirate Bay ("the Pirate Bay Website”) currently accessible at www.thepiratebay.se, its domains and sub-domains and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to the Pirate Bay Website. The technology to be adopted is:
(i) IP blocking in respect of each and every IP address from which the said site operates and which is:
(a) notified in writing to the First Respondent by the Applicants or their agents; and
(b) in respect of which the Applicants or their agents notify the First Respondent that the server with the notified IP address does not also host a site that is not part of the Pirate Bay Website.
(ii) IP address re-routing in respect of all IP addresses that provide access to each and every URL available from the said website and its domains and subdomains and which URL is notified in writing to the First Respondent by the Applicants or their agents; and
(iii) URL blocking in respect of each and every URL available from the said website and its domains and sub-domains and which is notified in writing to the First Respondent by the Applicants or their agents.
2. That for the avoidance of any doubt paragraphs (i), (ii) and (iii) are complied with if the First Respondent uses the system known as Hawkeye;
3. That the First Respondent shall not be in breach of paragraphs (i), (ii) and/or (iii) if it temporarily suspends Hawkeye or the addition of IP addresses or URLs thereto with the consent of the Applicants or their agents;
4. That 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;
5. That there be no order as to costs.

Reference

Forbes Anderson Free 60 Charlotte Street London WIT ZNU

Ref: AMF/B1047-008/docs/076N

Solicitors for the Applicants