UK/HC13D05470/sky

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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 Sky Broadcasting Limited (the “First Respondent”) to infringe the copyrights of the Applicants (and those they represent) in the UK

IT IS ORDERED as against 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 Target Websites, their domains and sub-domains and any other IP address or URL notified to the First Respondent and whose sole or predominant purpose is to enable or facilitate access to a Target Website. The technology to be adopted is:
(i) IP blocking in respect of each and every IP address from which each of the Target 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 a Target Website.
(ii) IP address re-routing in respect of all IP addresses that provide access to each and every URL available from each of the Target 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 each of the Target Websites and their domains and sub-domains and which is notified in writing to the First Respondent by the Applicants or their agents;
2. For the avoidance of any doubt paragraphs 1(i), 1(ii) and 1(iii) are complied with if the First Respondent uses the system known as Hawkeye to implement the steps required by those paragraphs;
3. The Applicants or their agents will notify the First Respondent should any IP address and/or URL which has already been notified to the First Respondent under the terms of this Order cease to enable or facilitate access to a Target Website (in which case the First Respondent shall no longer be obliged to block that IP address and/or URL). For the avoidance of doubt, the First Respondent is wholly reliant on the Applicants accurately identifying the IP addresses and/or URLs from which the Target Websites operate and which should be blocked under the terms of this Order;
4. The First Respondent shall not be in breach of paragraphs 1(i), 1(ii) and/or 1(iii) if it temporarily suspends Hawkeye or the addition of IP addresses or URLs thereto with the consent of the Applicants or their agents;
5. The proceedings shall be stayed, save for the purposes of any application to give effect to the terms of this order and save 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 respect of the costs, consequences for the parties and effectiveness of the aforesaid technical means from time to time;
6. 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 an application;
7. There be no order for costs.

ORDER

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