UK/HC12F04958/AMF GCF B1047-013 H33t courtdocuments/006

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IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

The Honourable Mr Justice Arnold Thursday 26 February 2013 CLAIM NO. HC12F04958


BETWEEN:


(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)

Applicants

- and -


(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

Respondents


ORDER



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 H33t Websites (as defined below) infringe the copyrights of the Applicants (and those they represent) in the UK

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 15 working days in relation to the initial notification (and thereafter within 10 working days of receiving any subsequent notification) given in accordance with this paragraph adopt the following technical means to block or attempt to block access to the website currently known as H33t currently accessible at the URL www.H33t.com and any other URLs or IP addresses the sole or predominant purpose of which is to enable or facilitate access to the website currently known as H33t (hereinafter collectively "the H33t Websites"). The technical means to be adopted are URL blocking in reaped of each and every URL from which the H33t Websites (and their domain and sub-domains which are notified in writing to the Fourth Respondent by the Applications or their agents) operate.


2. For the avoidance of any doubt, paragraph 1 is complied with if the Fourth Respondent uses the system known as SIG.


3. In respect of its customers to whose internet access service the system knows as blackholing is applied the Fourth Respondent shall within 15 working days in relation to the initial notification (and thereafter within 10 working days of receiving any subsequent notification) given in accordance with this paragraph adopt the following technical means to block or attempt to block access to the H33t Websites at any IP address the sole or predominant purpose of which is to enable or facilitate access to the H33T Websites. The technical means to be adopted are IP blocking in respect of each and every IP address from which the H33t Websites operate 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 of their agents notify the Fourth Respondent that the server within the notified IP addresses does not also host a site that is not part of the H33t Websites.

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


4, The Fourth Respondent shall not be in breach of paragraph 1 and 3 if it temporarily suspends the relevant blocking therein provided with the consent of the Applicants or their agents, ouch 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 circumstance including, for me 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 2NU

Ref:AMF/GCF/B1O47-013/H33T/courtdocuments/FFO/006

Solicitors for the Applicants

File /AMF_GCF_B1047-013_H33t_courtdocuments/006