UK/HC12F04959/AMF GCF B1047-013 Fenopy courtdocuments/004
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
The Honourable Mr Justice Arnold Thursday 26 February 2013 CLAIM NO. HC12F04957
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 Fenopy Websites (as defined below) infringe the copyrights of the Applicants (and those they represent) in the UK
IT IS ORDERED as against the Second Defendant/Respondent, British Telecommunications PIc, ("the Second Respondent") as follows:
1. In respect of its customers to whose Internet service the system known as Cleanfeed is
applied whether optionally or otherwise~ the Second Respondent shall within 15 working days
in relation to the Initial Notification (and thereafter within 10 working days of receiving any subsequent notification) adopt the following technical means to block or attempt to block
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 known as Fenopy (hereinafter collectively "the Fenopy Websites"). The technical means to be
adopted is:
(i) IP address re-routing in respect of each and every IP address from which the
Fenopy Websites which are notified in writing to the Second Respondent by the Applicants or their agents; and
(ii) DPI-based URL blocking utilising at least summary analysis in respect of each and every URL available at the Fenopy Websites which are notified in writing to the Second Respondent by the Applicants or their agents.
For the avoidance of any doubt this paragraph is complied with if the Second Respondent uses the system known as Cleanfeed and does not require the Second Respondent to adopt DPI-based URL blocking utilising detailed analysis.
2. In respect of its customers to whose Internet service the system known as Cleanfeed is
applied whether optionally or otherwise, the Second Respondent shall within 15 working
days in relation to the initial notification (and thereafter within 10 working days of
attempt to block access by its customers to the Fenopy Websites. The technical means to
be adopted is IP address blocking in respect of each and every IP address from which
the Fenopy Websites operate and which is:
(i) notified in writing to the Second Respondent by the Applicants or their agents; and (ii) in respect of which the Applicants or their agents notify the Second Respondent that the server with the notified IP address does not also host a site that is not part of the Fenopy Websites.
3. In respect of its internet service customers who use the Second Respondent's Domain
Name System ("DNS") servers, the Second Respondent shall within 15 working days in
subsequent notification) adopt the following technical means to block or attempt to block
access by its customers to the Fenopy Websites. The technical means to be adopted is
ONS blocking tn respect of the Fenopy Websites which are notified in writing to the Second
Respondent by the Applicants or their agents.
4. The Second Respondent shall not be in breach of this Order if it temporarily suspends
the technical means 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 Cleanfeed system, provided that it notifies the Applicants of such
suspension.
5. 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.
6. There be no order as to costs.
Reference
Forbes Anderson Free 60 Charlotte Street London WIT 2NU
Solicitors for the Applicants
Ref: AMF/GCF/B1O47-013/Fenopy/courtdocuments/FFO/004