UK/HC13F02471/FirstRow BSkyB

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File:FirstRow BSkyB.pdf

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

The Honourable Mr Justice Arnold
16 July 2013
CLAIM NO. HC13F02471

Between

THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED
Claimant/Applicant
-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
Defendants/Respondents

ORDER

UPON THE APPLICATION of the Claimant/Applicant ("the Applicant") by notice dated 24 June 20l3

AND UPON considering the evidence filed by the Applicant

AND UPON the Court finding that, on the evidence before it, the operators of the FirstRow Websites (as defined below) infringe the copyrights of the Applicant in the UK

IT IS ORDERED as against the First Defendant/Respondent, British Sky Broadcasting Limited ("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 website currently known as FirstRow Sports currently accessible at the URLs www.firstrowsports.eu, www.firstrow1.eu, www.thefirstrow.eu, (hereinafter collectively "the FirstRow Websites"), their domains and sub-domains and any other URL or IP address notified to the First Respondent and whose sole or predominant purpose is to enable or facilitate access to the FirstRow Websites. The FirstRow Websites include any name and URL changes to these websites notified in writing to the First Respondent by the Applicant from time to time. The technology to be adopted is:
(i) IP blocking in respect of each and every IP address from which the FirstRow Websites operate and which is:
(a) notified in writing to the First Respondent by the Applicant or its agents; and
(b) in respect of which the Applicant or its agents notify the First Respondent that the server with the notified IP address does not also host a site that is not part of the FirstRow Websites.
(ii) IP address re-routing in respect of all IP addresses that provide access to each and every URL available from the FirstRow Websites and their domains and sub-domains and which URL is notified in writing to the First Respondent by the Applicant or its agents; and
(iii) URL blocking in respect of each and every URL available from the FirstRow Websites and their domains and sub-domains and which is notified in writing to the First Respondent by the Applicant or its agents.
2. That for the avoidance of any doubt paragraphs (i), (ii) and (iii) are complied with if the First Respondent uses the system known as Hawkeye;
3. That the First Respondent shall not be in breach of paragraphs (i), (ii) and/or (iii) if it temporarily suspends Hawkeye or the addition of IP addresses or URLs thereto with the consent of the Applicant or its agents;
4. The Applicant or its agent 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 the Order cease to enable or facilitate access to the FirstRow Websites (in which case the First Respondent shall no longer be obliged to block that IP address and/or URL);
5. For the avoidance of doubt, the First Respondent is wholly reliant on the Applicant accurately identifying the IP addresses and/or URLs from which the FirstRow Websites operate and which should be blocked under the terms of the Order. The First Respondent shall have no obligation to check itself whether the Applicant‘s determination is correct;
6. 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;
7. The operator(s) of the FirstRow Websites 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. That there be no order as to costs.

Order sent to

DLA Piper UK LLP 3 Noble Street London EC2V 7EE

Solicitors for the Applicant