UK/HC11C04518/AMF B1047-008 docs 077N

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File:AMF B1047-008 docs 077N.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

AND UPON the Fourth Defendant/Respondent, TalkTaIk Telecom Group Plc, ("the Fourth Respondent”) making it clear that it makes no admission of liability

IT IS ORDERED as against the Fourth Respondent that:

1. In respect of its customers to whose internet access service the system known as SIG (Service inspection Gateway) is applied, whether optionally or otherwise, the Fourth Respondent shall within 10 working days of any notifications from time to time given in accordance with this paragraph 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.piratebay.se and any other URL, including their domains and sub-domains, the sole or predominant purpose of which is to enable or facilitate access to the Pirate Bay Website. The technical means to be adopted are URL blocking in respect of each and every URL from which the Pirate Bay Website (and its domains and sub-domains which are notified in writing to the Fourth Respondent by the Applicants or their agents) operates.
2. For the avoidance of any doubt, paragraph 1 is compiled with if the Fourth Respondent uses the system known as SIG.
3. In respect of its customers to whose internet access service the system known as blackholing is applied, the Fourth Respondent shall within 10 working days of any notifications from time to time given in accordance with this paragraph adopt the following technical means to block or attempt to block access to the Pirate Bay Website at any IP address the sole or predominant purpose of which is to enable or facilitate access to the Pirate Bay Website. The technical means to be adopted are IP blocking in respect of each and every IP address from which the Pirate Bey Website operates and which is:
(a) notified in writing to the Fourth Respondent by the Applicants or their agents; and
(b) in respect of which the Applicants or their agents notify the Fourth Respondent that the server with the notified IP address does not also host a site that is not part of the Pirate Bay Website.

For the avoidance of any doubt, paragraph 3 is complied with if the Fourth Respondent uses the system known as blackholíng.

4. The Fourth Respondent shall not be in breach of paragraphs 1 and 3 if it temporarily suspends the relevant blocking therein provided with the consent of the Applicants or their agents, such consent not to be unreasonably withheld or delayed.
5. 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 costs, consequences for the parties and effectiveness of the aforesaid technical means from time to time.
6. There be no order for costs.

Reference

Forbes Anderson Free 60 Charlotte Street London WIT ZNU

Ref: AMF/B1047-008/docs/077N

Solicitors for the Applicants