UK/HC11C04518/AMF B1047-008 docs 084N

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File:AMF B1047-008 docs 084N.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 ("the Application")

AND UPON READING Counsel for the Applicants’ skeleton argument AND UPON it having been declared by the Order of Mr Justice Arnold dated 20 February 2012 that, on the evidence before the Court, the operators and users of The Pirate Bay Website infringe the copyrights of the Applicants (and those they represent) in the UK IT IS ORDERED as against the Fifth Defendant/Respondent, Telefónica UK Limited ("the Respondent") THAT:

1. The Fifth Respondent shall within 30 working days of receiving an initial notification and within 10 working days of receiving any subsequent notification from the Applicants or their agents by email to julia.boyle@o2.com, sanjay.khatri@o2.com, and colin.vidler@o2.com (or to such other email addresses as may be notified in writing to the Applicants or their agents), subject to paragraph 5, adopt Appropriate Technical Measures (as defined in paragraph 3 below) to block or attempt to block access by its fixed line broadband customers and the fixed line retail broadband customers of its subsidiary Be Un Limited to the website currently known as Pirate Bay ("the Pirate Bay Website”) currently accessible at www.thepiratebay.se, its domains and sub-domains and any other IP address or URL which the Applicants claim has the sole or predominant purpose to enable or facilitate access to the Pirate Bay Website.
2. For the avoidance of doubt, the Fifth Respondent shall be entitled to rely on the Applicants' determination under paragraph 1 of the IP addresses and URLS to be notified from time to time and shall have no obligation to check themselves whether the Applicants' determination is correct.
3. "Appropriate Technical Measures" under paragraph 1 of this Order shall mean:
A. IP address blocking in respect of each and every IP address which is notified to the Fifth Respondent under paragraph 1 of this Order.
B. URL blocking in respect of each and every URL which is notified to the Fifth Respondent under paragraph 1 of this Order.
C. For the avoidance of doubt, paragraph 1 of this Order shall be complied with if the Fifth Respondent carries out these functions using the StreamShield product provided by BAE Systems Detica.
4. 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 or business consequences for the parties and the effectiveness of the Appropriate Technical Means from time to time.
5. The Fifth Respondent shall be entitled to take into account reasonable network management considerations arising out of the 2012 Olympics and shall be entitled to temporarily suspend the adoption of Appropriate Technical Measures and the relevant blocking under paragraph 1 as a result of those considerations, provided that it shall keep the Applicants informed about any delays which might result.
6. There be no order for costs.

Reference

Forbes Anderson Free 60 Charlotte Street London WIT ZNU

Ref: AMF/B1047-008/docs/084N

Solicitors for the Applicants