UK/HC13D05470/telefonica

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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 Telefónica UK Limited (the "Fifth Respondent") to infringe the copyrights of the Applicants (and those they represent) in the UK

IT IS ORDERED as against the Fifth Respondent as follows:

1. The Fifth Respondent shall within 15 working days of receiving an initial notification and within 10 working days of receiving any subsequent notification from the Applicants or their agents by email to legal.notices@telefonica.com, sanjay.khatri@telefonica.com and colin.vidler@telefonica.com (or to such other email addresses as may be notified in writing to the Applicants or their agents) adopt Appropriate Technical Measures (as defined in paragraph 3 below) to block or attempt to block access by fixed line retail broadband customers of British Sky Broadcasting Limited which, prior to 1 May 2013, were the Fifth Respondent's customers, and in relation to which, the Fifth Respondent provides certain services (these services to include implementing the Appropriate Technical Measures) (the "Services"), to the Target Websites, their domains and sub-domains and any other IP address or URL which the Applicants claim has the sole or predominant purpose to enable or facilitate access to a Target Website.
2. "Appropriate Technical Measures" in paragraph 1 of this Order shall mean:
(i) IP address blocking in respect of each and every IP address which is notified to the Fifth Respondent under paragraph 1 of this Order.
(ii) URL blocking in respect of each and every URL which is notified to the Fifth Respondent under paragraph 1 of this Order.

For the avoidance of doubt, paragraph 1 of this Order shall be complied with if the Fifth Respondent carries out these functions using the StreamShield product provided by BAE Systems Detica.

3. The Applicants or their agents will notify the Fifth Respondent should any IP address and/or URL which has already been notified to the Fifth Respondent under the terms of this Order cease to enable or facilitate access to a Target Website (in which case the Fifth Respondent shall no longer be obliged to block that IP address and/or URL). For the avoidance of doubt, the Fifth 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 the Order.
4. The Fifth Respondent shall not be in breach of paragraphs 1 to 2 of this Order if it temporarily suspends the relevant blocking therein provided for with the consent of the Applicants or their agents, such consent not to be unreasonably withheld.
5. The proceedings be stayed save for the purposes of any application to give effect to the terms of the 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 costs or business consequences for the parties and the effectiveness of the Appropriate Technical Measures 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 application.
7. This Order shall cease to apply, and the Fifth Respondent shall be released from any and all obligations hereunder, when the Fifth Respondent ceases to provide the Services to British Sky Broadcasting Limited (such date to occur no later than 28 October 2014). The Fifth Respondent shall provide written notification to the Applicants of the date on which it will cease to provide the Services to British Sky Broadcasting Limited at least 14 days before it ceases such provision.
8. 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