UK/HC12F04959/AMF GCF B1047-013 Fenopy courtdocuments/008
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 First Defendant/Respondent, British Sky Broadcasting Limited, ("the First Respondent") as follows".
1. That, in respect of its residential fixed line Sky Broadband customers, to whose service the system known as Hawkeye is applied, the First 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 access 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 Fenopy (hereinafter collectively "the Fenopy Websites"). The technology to be adopted is:
(i) IP blocking in respect of each and every IP address from which the Fenopy Websites operate and which is:
(a) notified in writing to the First Respondent by the Applicants or their agents; and
(b) in respect of which the Applicants or their agents notify the First Respondent that the server with the notified IP address does not also host a site that is not part of the Fenopy Websites.
(ii) IP address re-routing in rasped of all IP addresses that provide access to each and every URL available from the Fenopy Websites and their domains and sub- domains and which URL is notified in writing to the First Respondent by the Applicants or their agents; and
(iii) URL blocking in respect of each and every URL available from the Fenopy Website and their domains and sub-domains and which is notified in writing to the First Respondent by the Applicants or their agents.
2. That for the avoidance of any doubt paragraphs (i), (ii) and (iii) are complied with if the
First Respondent Uses the system known as Hawkeye;
3. That the First Respondent shall not be in breach of paragraphs (i), (ii) and(or (iii) if it
temporarily suspends Hawkeye or the addition of IP addresses or URLs thereto with the
consent of the Applicants or their agents;
4. That 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 rasped of the costs, consequences for the parties and effectiveness
of the aforesaid technical means from time to time;
5. That there be no order as to costs.
Reference
Forbes Anderson Free 60 Charlotte Street London WIT 2NU
Ref:AMF/GCF/B1O47-013/Fenopy/courtdocuments/FFO/008
Solicitors for the Applicants