UK/HC13D05470/bt

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IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION INTELLECTUAL PROPERTY

MR JUSTICE HENDERSON

DATED: 18 FEBRUARY 2014

Claim No. HC13D05470

BETWEEN

(1) PARAMOUNT HOME ENTERTAINMENT INTERNATIONAL LIMITED
(2) SONY PICTURES HOME ENTERTAINMENT LIMITED
(3) TWENTIETH CENTURY FOX FILM COMPANY LIMITED
(4) UNIVERSAL PICTURES (UK) LIMITED
(5) WARNER BROS. ENTERTAINMENT UK LIMITED
(6) DISNEY ENTERPRISES, INC.

(The First to Fifth Applicants are members of the Federation Against Copyright Theft Limited and, together with the Sixth Applicant, apply on their own behalf and on behalf of all other companies that are controlled by, controlling of or under common control with such Applicants (together the “Group Companies”) that are the owners, or exclusive licensees, of the copyright in films and television programmes)

Applicants
-and-
(1) BRITISH SKY BROADCASTING LIMITED
(2) BRITISH TELECOMMUNICATIONS PLC
(3) EVERYTHING EVERYWHERE LIMITED
(4) TALKTALK TELECOM LIMITED
(5) TELEFÓNICA UK LIMITED
(6) VIRGIN MEDIA LIMITED
Respondents

ORDER

UPON THE APPLICATION of the above named Applicants by Application Notice dated 19 December 2013

AND UPON reading the documents recorded on the court file as having been read

AND UPON hearing Counsel for the Applicants

AND UPON the Court being satisfied on the evidence before the Court that the operators of the Target Websites (as defined in the Schedule to this Order) use the services of British Telecommunications plc (the “Second Respondent”) to infringe the copyrights of the Applicants (and those they represent) in the UK

IT IS ORDERED as against 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 access by its customers to the Target Websites, their domains and sub-domains and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to a Target Website. The technical means to be adopted are:
(i) IP address re-routing in respect of each and every IP address from which each of the Target Websites operate and which is 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 each of the Target Websites and their domains and sub-domains and which is notified in writing to the Second Respondent by the Applicants or their agents.
2. For the avoidance of doubt paragraph 1 is complied with if the Second Respondent uses the system known as Cleanfeed to implement the steps required by that paragraph and does not require the Second Respondent to adopt DPI-based URL blocking utilising detailed analysis.;
3. 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 access by its customers to the Target Websites. The technical means to be adopted is IP address blocking in respect of each and every IP address from which each of the Target 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 a Target Website.
4. 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 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 by its customers to the Target Websites. The technical means to be adopted is DNS blocking in respect of the Target Websites which are notified in writing to the Second Respondent by the Applicants or their agents.
5. Save in exceptional circumstances or with the consent of the Second Respondent the Applicants shall (a) not send more than two notifications per month and (b) ensure that any notifications are sent on the same day or days as any notifications in relation to any other websites which are the subject of orders in favour of the Applicants that require the Second Respondent to implement the same or similar measures provided for in this Order.
6. The Applicants or their agents will notify the Second Respondent should any IP address, URL and/or domain name which has already been notified to the Second Respondent under the terms of this Order cease to enable or facilitate access to a Target Website (in which case the Second Respondent shall no longer be obliged to block that IP address, URL and/or domain name).
7. For the avoidance of doubt, the Second Respondent is wholly reliant on the Applicants accurately identifying the IP addresses, URLs and/or domain names from which the Target Websites operate and which should be blocked under the terms of this Order. The Second Respondent shall have no obligation to check itself whether the Applicants' determination is correct.
8. 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.
9. 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.
10. The operators of the Target Websites (as defined in the Schedule to this Order) and the operators of any other website who claim to be affected by this Order, are to have permission to apply on notice to vary or discharge this Order insofar as it affects such an applicant, any such application to be on notice to all the parties and to be supported by materials setting out and justifying the grounds for the application. Any such application shall clearly indicate the status of the applicant and indicate clearly (supported by evidence) that it is the operator of any website which is the subject of such application.
11. There be no order as to costs.

ORDER

Wiggin LLP Solicitors for the Applicants 10th Floor, Met Building 22 Percy Street London W1T 2BU Ref: SJB/RA/SMH