UK/HC12F04957/AMF GCF B1047-013 KAT courtdocuments/006
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 Fifth Defendant/Respondent, Telefónica UK Limited, (“the Fifth Respondent”) that:
1. The Fifth Respondent shall within 15 working days of receiving an initial notification and within 1- working days of receiving any subsequent notification from the Applicants or their agents by email to email@example.com, firstname.lastname@example.org, and email@example.com (or to such other email addresses as may be notified in writing to the Applicants or their agents0, subject to paragraph 5, adopt appropriate technical Measures (as defined in paragraph 3 below) to block or attempt to block access by its fixed line broadband customers and the fixed line retail broadband customers of its subsidiary Be Un Limited to (i) the website currently known as Fenopy currently accessible at the URL www.fenopy.se and (ii) any other URLs or IP addresses which the Applicants claim has the sole or predominant purpose to enable or facilitate access to the website currently known as Fenopy (hereinafter collectively “the Fenopy Websites”).
2. For the avoidance of doubt, the Fifth Respondent shall be entitled to rely on the Applicants’ determination under paragraph 1 of the IP addresses and URLs to be notified from time to time and shall have no obligation to check themselves whether the Applicants’ determination is correct.
3. ‘Appropriate Technical Measures” under paragraph 1 of this Order shall mean:
A. IP address blocking in respect of each and every IP address which is notified to the Fifth Respondent under paragraph 1 of this Order.
B. URL blocking in respect of each and every URL which is notified to the Fifth Respondent under paragraph 1 of this Order.
C. For the avoidance of doubt, paragraph 1 of this Order shall be complied with if the Fifth Respondent carries out these functions using the StreamSheild product provided by BAE Systems Detica.
4. the Fifth Respondent shall be entitled to take into account reasonable network management considerations and shall be entitled to temporarily suspend the adoption of the Appropriate Technical Measures and relevant blocking Order under paragraph 1 as a result of those considerations, provided that it shall keep the Applicants informed about any delays which might result.
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 costs or business consequences for parties and the effectiveness of the Appropriate Technical Means from time to time.
6. There be no order for the costs.
Forbes Anderson Free 60 Charlotte Street London WIT 2NU
Solicitors for the Applicants