UK/HC12F04959/AMF GCF B1047-013 Fenopy courtdocuments/002
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 Fenopy Websites (as defined below) infringe the copyrights of the Applicants (and those they represent) in the UK
IT IS ORDERED as against the Third Defendant/Respondent, Everything Everywhere Limited, (“the Third Respondent”) that:
1. In respect of its customers whose internet service provider through its fixed line network currently known as Orange Home, and utilising the traffic management system management manufactures by Arbor, the Third Respondent shall within the time periods set out at paragraph 4 of this Order adopt the technical measures describes in paragraph 2 of this Order to block or attempt to block access by their customers to the website currently known as Fenopy currently accessible at the URL www.fenopy.se and any other URLs or IP addresses whose sole or predominant purpose is to enable or facilitate access to the website currently known as H33t (hereinafter collectively ‘the Fenopy Website’).
2. The technical measure to be adopted is IP blocking in respect of each and every IP address from which the Fenopy Website operate 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"); 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 Fenopy Websites and does not also host a site that is not part of the Fenopy Websites.
The Applicants shall not be entitled to send more than two Subsequent Notifications per month in relation to the Fenopy Websites and shall ensure that any Subsequent Notifications are sent on the same day or days as any subsequent notifications in relation to any other websites which are the subject of blocking orders against the Third Respondent in favour of the Applicants. The Applicants or their agents will notify the Third Respondent should any IP address which has already been notified to the Third Respondent under the terms of this Order cease to enable or facilitate access to the Fenopy Websites (in which case the Third Respondent shall no longer be obliged to block that IP address). For the avoidance of doubt, the Third Respondent is wholly reliant on the Applicants or their agents accurately to identify the IP addresses from which the Fenopy Websites operate 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 (or any such equivalent system as may be utilised by the Third Respondent from time to time) 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 15 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 g 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, or equivalent 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 foregoing, any change in the technology used by the Third Respondent, for the purposes of blocking the Fenopy Websites and effectiveness of the aforesaid technical measures from time to time.
(7) There be no order as to costs.
Forbes Anderson Free 60 Charlotte Street London WIT 2NU
Solicitors for the Applicants