UK/HC13F02471/FirstRow EE

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File:FirstRow EE.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 2013

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 Third Defendant/Respondent, Everything Everywhere Limited, ("the Third Respondent") that:

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 measures described in paragraph 2 of this Order to block or attempt to block access by their customers to the website currently known as FirstRow Sports currently accessible at the URLs www.firstrowsports.eu, www.firstrow1.eu and any other URLs or IP addresses whose sole or predominant purpose is to enable or facilitate access to the website currently known as FirstRow Sports (hereinafter collectively "the FirstRow Websites"). The FirstRow Websites include any name and URL change to this website notified in writing to the Third Respondent by the Applicant from time to time.
2. The technical measure to be adopted is IP blocking in respect of each and every IP address from which the the FirstRow Websites operate and:
(i) Which is initially notified in writing to the Third Respondent by the Applicant or its agents upon the making of this Order ("the Initial Notification");
(ii) Which is subsequently notified in writing to the Third Respondent by the Applicant or its agents ("Subsequent Notifications"); and
(iii) In respect of which the Applicant or its agents notify the Third Respondent that the server with the IP address to be blocked does enable or facilitate access to the FirstRow Websites and does not also host a site that is not part of the FirstRow Websites.
The Applicant shall not be entitled to send more than two Subsequent Notifications per month in relation to the FirstRow Websites and shall ensure that any Subsequent Notifications are sent on the same day or days 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 Applicant. The Applicant or its 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 the FirstRow Websites (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 Applicant or its agents accurately to identify the IP addresses from which the FirstRow 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 any such 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 addresses 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 measures 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 Applicant of such suspension.
6. The Applicant or its agent will notify the Third Respondent should any IP address, URL and/or domain name which has already been notified to the Third Respondent under the terms of the Order cease to enable or facilitate access to the FirstRow Websites (in which case the Third Respondent shall no longer be obliged to block that IP address, URL and/or domain name).
7. For the avoidance of doubt, the Third Respondent is wholly reliant on the Applicant accurately identifying the IP addresses, URLs and/or domain names from which the FirstRow Websites operate and which should be blocked under the terms of the Order. The Third Respondent shall have no obligation to check itself whether the Applicant's determination is correct.
8. 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 FirstRow Websites and effectiveness of the aforesaid technical measures from time to time.
9. 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.
10. There be no order as to costs.

Order sent to

DLA Piper UK LLP 3 Noble Street London EC2V 7EE

Solicitors for the Applicant