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 Virgin Media Limited (the "Sixth Respondent") to infringe the copyrights of the Applicants (and those they represent) in the UK
IT IS ORDERED as against the Sixth Respondent, as follows:
- 1. The Sixth Respondent shall adopt the following technical means, in respect of its fixed line residential and business retail broadband and narrowband customers to whose internet service the system known as Web Blocker 2 is applied, to block or attempt to block access to the Target Websites, their domains and sub-domains and any other IP address or URL (hereinafter referred to as "Infringing Addresses") whose sole or predominant purpose is to enable or facilitate access to a Target Website. The technology to be adopted is:
- (i) IP address blocking in respect of all such Infringing Addresses as shall from time to time be notified in writing to the Sixth Respondent by the Applicants' solicitors as agent (hereinafter referred to as "the Agent") for the Applicants and in respect of which the Agent notifies the Sixth Respondent that the server with the notified IP address does not also host a site that is not part of a Target Website, such blocking to be put in place within 15 working days in relation to the initial notification (and thereafter within 10 working days of receiving any subsequent notification); and
- (ii) 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 Sixth Respondent by the Applicants' solicitors as agent from time to time and URL blocking in respect of each and every URL available at each of the Target Websites and their domains and sub-domains as shall be so notified, such blocking to be put in place within 15 working days in relation to the initial notification (and thereafter within 10 working days of receiving any subsequent notification).
- 2. For the avoidance of doubt paragraph 1 is complied with if the Sixth Respondent uses its system known as Web Blocker 2 or any subsequent system that has equivalent relevant functionality.
- 3. The Applicants or their agents will notify the Sixth Respondent should any IP address and/or URL which has already been notified to the Sixth Respondent under the terms of this Order cease to enable or facilitate access to a Target Website (in which case the Sixth Respondent shall no longer be obliged to block that IP address and/or URL). For the avoidance of doubt, the Sixth 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 Sixth Respondent shall not be in breach of paragraph 1 if it suspends the operation of Web Blocker 2 (or such subsequent system that has equivalent relevant functionality) and the blocking provided for under paragraph 1 or the addition of IP addresses or URLs pursuant to paragraph 1:
- (i) with the consent of the Applicants or the Agent, such consent not be unreasonably withheld or delayed; or
- (ii) with the permission of the Court (following the hearing of any Application that is on notice to the Agent); or
- (iii) if it (a) notifies the Agent of the fact of such suspension and the reasons for it as soon as is reasonably practicable, and (b) takes immediate steps to apply to the Court on notice to the Agent at any time for leave to continue the suspension if the Agent notifies the Sixth Respondent that the Applicants object to the continuation of such suspension.
- 5. 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 application.
- 7. The Sixth Respondent may agree with the Applicants' legal representatives that this Order should be varied, but any agreement must be in writing.
- 8. There be no order as to the costs of this application.
Wiggin LLP Solicitors for the Applicants 10th Floor, Met Building 22 Percy Street London W1T 2BU Ref: SJB/RA/SMH