UK/HC12F04957/AMF GCF B1047-013 KAT courtdocuments/005
IN THE HIGH COURT OF JUSTICE
The Honourable Mr Justice Arnold Thursday 26 February 2013 CLAIM NO. HC12F04957
(1) EMI RECORDS LIMITED (2) INFECTIOUS LIMITED (3) LIBERATION MUSIC PTY LIMITED (4) POLYDOR LIMITED (5) SIMCO LIMITED (6) SONY MUSIC ENTERTAINMENT UK LIMITED (7) VIRGIN RECORDS LIMITED (8) WARNER MUSIC UK LIMITED (9) WEA INTERNATIONAL INC
(suing on their own behalf and in a representative capacity on behalf of the members of BPI (British Recorded Music Industry) United and of Phonographic Performance Limited)
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(1) BRITISH SKY BROADCASTING LIMITED (2) BRITISH TELECOMMUNICATIONS PLC (3) EVERYTHING EVERYWHERE LIMITED (4) TALKTALK TELECOM GROUP PLC (5) TELEFÓNICA UK LIMITED (6) VIRGIN MEDIA LIMITED
UPON THE APPLICATION of the Claimants/Applicants ("the Applicants") by notice dated 20 December 2012
AND UPON READING the evidence filed and the Applicants’ written submissions
AND UPON the Court having declared that on the evidence before the Court the operators and users of the KAT Websites (as defined below) infringe the copyrights of the Applicants (and those they represent) in the UK
IT IS ORDERED as against the Sixth Defendant Respondent, Virgin Media Limited, ("the Sixth Respondent") as follows:
1. The Sixth Respondent shall adopt the technical means described at paragraphs (i) and (ii) below in respect of its fixed line residential and business retail broadband and narrowband customers, to whose Internet service the system known as Web Blocker 2 is applied, to block or attempt to block access to the website currently known as KAT or Kickass Torrents currently accessible at the URL www.kat.ph and any other URLs or IP addresses whose sole or predominant purpose is to enable or facilitate access to the website currently known as KAT or Kickass Torrents (hereinafter collectively "the KAT Websites"). The technology to be adopted is:
(i) IP address blocking in respect of all IP addresses from which the KAT Websites operate as shall be notified in writing from time to time to the Sixth Respondent by the Applicants' solicitors as agent (hereinafter referred to as "the Agent") for the Applicants and in respect of which the Agent notifies the Sixth Respondent that the server with the notified IP address does not also host a site that is not part of the KAT Websites, such blocking to be put in place within 15 working days in relation to the initial notification (and thereafter within 10 working days of receiving any subsequent notification); and
(ii) URL blocking in respect of each and every URL available at the KAT Websites and their domains and sub-domains as shall be notified in writing from time to time to the Sixth Respondent by the Agent, such blocking to be put in place within 15 working days in relation to the initial notification (and thereafter within 10 working days Of receiving any subsequent notification).
2. For the avoidance of doubt paragraph 1 is complied with if the Sixth Respondent uses its system known as Web Blocker 2 or any subsequent system that has equivalent relevant functionality.
3. The Sixth Respondent shall not be in breach of paragraph 1 if it suspends the operation of Web Blocker 2 (of such subsequent system that has equivalent relevant functionality) or the addition of IP addresses or URLs thereto:
(i) with the consent of the Applicants or the Agent, such consent not be unreasonably withheld or delayed; or
(ii) with the permission of the Court (following the hearing of any application that is on notice to the Agent); or
(iii) if it (a) notifies the Applicants of the fact of such suspension and the reasons for it as soon as is reasonably practicable, and (b) takes immediate steps to apply to the Court on notice to the Agent at any time for leave to continue the suspension if the Applicants notify the Sixth Respondent that they object to the continuation of such suspension.
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 the costs, consequences for the parties and effectiveness of the aforesaid technical means from time to time.
5. There be no order as to costs of this Application.
Forbes Anderson Free 60 Charlotte Street London WIT 2NU
Solicitors for the Applicants