IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION INTELLECTUAL PROPERTY
MR JUSTICE HENDERSON
DATED: 18 FEBRUARY 2014
Claim No. HC13D05470
- (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)
- (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
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 Everything Everywhere Limited (the “Third Respondent”) to infringe the copyrights of the Applicants (and those they represent) in the UK
IT IS ORDERED as against the Third Respondent as follows:
- 1. In respect of its customers whose internet service is provided through its fixed line network currently known as EE Home, and utilising the traffic management system manufactured by Arbor, the Third Respondent shall within the time periods set out at paragraph 4 of this Order adopt the technical measure described in paragraph 2 of this Order to block or attempt to block access by their customers to the Target Websites, their domains and sub-domains and any other IP address whose sole or predominant purpose is to enable or facilitate access to a Target Website.
- 2. The technical measure to be adopted is IP blocking in respect of each and every IP address from which each of the Target Websites operate and:
- (i) Which is initially notified in writing to the Third Respondent by the Applicants or their agents upon the making of this Order ("the Initial Notification");
- (ii) Which is subsequently notified in writing to the Third Respondent by the Applicants or their agents ("Subsequent Notifications") which notifications may take place no more than twice per calendar month beginning after the initial set-up period specified at paragraph 4(i) of this Order; and
- (iii) In respect of which the Applicants or their agents notify the Third Respondent that the server with the IP address to be blocked does enable or facilitate access to a Target Website and does not also host a site that is not part of a Target Website.
The Applicants shall ensure that any Subsequent Notifications are sent on the same day as any subsequent notifications in relation to any other websites which are the subject of blocking orders against the Third Respondent in favour of the Applicants.
The Applicants or their agents will notify the Third Respondent should any IP address which has already been notified to the Third Respondent under the terms of this Order cease to enable or facilitate access to a Target Website (in which case the Third Respondent shall no longer be obliged to block that IP address).
For the avoidance of doubt, the Third Respondent is wholly reliant on the Applicants accurately identifying the IP addresses from which each of the Target Websites operate and which should be blocked under the terms of this Order.
- 3. For the avoidance of doubt, paragraph 1 of this Order is complied with if the Third Respondent uses its existing traffic management system manufactured by Arbor (or such other equivalent system as may be utilised by the Third Respondent from time to time) to implement the IP blocking measure described in paragraph 2 above.
- 4. The Third Respondent shall adopt the technical measure set out in paragraph 2 of this Order within the following time periods:
- (i) In respect of IP addresses listed in the Initial Notification, within 15 working days of the date of the Initial Notification or the date of this Order (whichever is the later); and
- (ii) In respect of any IP address included in any Subsequent Notifications, within 10 working days of notification.
- 5. The Third Respondent shall not be in breach of this Order if it temporarily suspends the technical measure 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 Arbor system or equivalent system, provided that it notifies the Applicants of such suspension.
- 6. 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, any change in the technology used by the Third Respondent for the purposes of blocking the Target Websites and effectiveness of the aforesaid technical measure from time to time.
- 7. 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.
- 8. There be no order as to costs.
Wiggin LLP Solicitors for the Applicants 10th Floor, Met Building 22 Percy Street London W1T 2BU Ref: SJB/RA/SMH