UK/HC12F04959/AMF GCF B1047-013 Fenopy courtdocuments/006
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
AND UPON the Fourth Defendant/Respondent, TalkTalk Telecom Group Plc, ("the Fourth Respondent") making it clear that it makes no admission of liability
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 Fenopy currently
accessible at the URL www.fenopy.se 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 Fenopy (hereinafter collectively "the Fenopy Websites"). The
technical means to be adopted are URL blocking in reaped of each and every URL from
which the Fenopy 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 Fenopy Websites at any IP address the sole or predominant purpose of which is to enable or facilitate access to the Fenopy Websites. The technical means to be adopted are 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 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 KAT 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/Fenopy/courtdocuments/FFO/006
Solicitors for the Applicants