UK/HC11C04518/AMF B1047-008 docs 079N

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File:AMF B1047-008 docs 079N.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 the Applicants and the Third Defendant/Respondent, Everything Everywhere Limited (“the Third Respondent”) by their respective solicitors having agreed in writing to this Order

AND UPON READING Counsel for the Applicants’ skeleton argument and the Third Respondent’s solicitors' letter dated 26 April 2012

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 BY CONSENT as against the Third Respondent that:

1. in respect of its customers whose internet service is provided through its fixed line network currently known as Orange Home, and utilising the traffic management system manufactured by Arbor, the Third Respondent shall within the time periods set out at paragraph 4 of this Order adopt the technical measures described in paragraph 2 of this Order to block or attempt to block access by their customers to the website currently known as The Pirate Bay ("the Pirate Bay Website”) currently accessible at www.thepiratebay.se, its domains and subdomains and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to the Pirate Bay Website.
2. The technical measure to be adopted is IP blocking in respect of each and every IP address from which the Pirate Bay Website operates and:
i) Which is initially notified in writing to the Third Respondent by the Applicants or

their agents upon the making of this Order ("the Initial Notification”);

(ii) Which is subsequently notified in writing to the Third Respondent by the Applicants or their agents ("Subsequent Notifications") which notifications may take place no more than twice per calendar month beginning after the initial setup period specified at paragraph of this order; and
(iii) In respect of which the Applicants or their agents notify the Third Respondent that the server with the IP address to be blocked does enable or facilitate access to the Pirate Bay Website and does not also host a site that is not part of the Pirate Bay Website.

For the avoidance of doubt, the Third Respondent is wholly reliant on the Applicants accurately to identify the IP addresses from which the Pirate Bay Website operates and which should be blocked under the terms of this Order.

3. For the avoidance of doubt paragraph 1 of this Order is complied with if the Third Respondent uses its existing traffic management system manufactured by Arbor to implement the IP blocking measure described in paragraph 2 above.
4. The Third Respondent shall adopt the technical measure set out in paragraph 2 of this Order within the following time periods:
(i) In respect of IP addresses listed in the Initial Notification, within 30 working days of the date of the Initial Notification or the date of this Order (whichever is the later); and
(ii) In respect of any IP addresses included in any Subsequent Notifications, within 10 working days of notification.
5. The Third Respondent shall not be in breach of this Order if it temporarily suspends the technical measures 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 Arbor 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, any change in the technology used by the Third Respondent for the purposes of blocking the Pirate Bay Website and effectiveness of the aforesaid technical measures from time to time.
7. There be no order as to costs.

Reference

Forbes Anderson Free 60 Charlotte Street London WIT ZNU

Ref: AMF/B1047-008/docs/079N

Solicitors for the Applicants