UK/HC13F02471/FirstRow Telefonica

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File:FirstRow Telefonica.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 Fifth Defendant/Respondent, Telefónica UK Limited, ("the Fifth Respondent") that:

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 Applicant or its 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 Applicant or their agents), subject to paragraph 7, 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), to the website currently known as FirstRow Sports currently accessible at the URLs www.firstrowsports.eu, www.firstrow1.eu, www.thefirstrow.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 Fifth Respondent by the Applicant from time to time.
2. For the avoidance of doubt, the Fifth Respondent shall be entitled to rely on the Applicant's determination under paragraph 1 of the IP addresses and URLs to be notified from time to time and shall have no obligation to check themselves whether the Applicant's determination is correct.
3. "Appropriate Technical Measures" under paragraph 1 of this Order shall mean:
A. IP address blocking in respect of each and every IP address which is notified to the Fifth Respondent under paragraph 1 of this Order.
B. URL blocking in respect of each and every URL which is notified to the Fifth Respondent under paragraph 1 of this Order.
C. 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.
4. The Fifth Respondent shall be entitled to take into account reasonable network management considerations and shall be entitled to temporarily suspend the adoption of the Appropriate Technical Measures and relevant blocking Order under paragraph 1 as a result of those considerations, provided that it shall keep the Applicant informed about any delays which might result.
5. The Applicant or its agent will notify the Fifth Respondent should any IP address, URL and/or domain name which has already been notified to the Fifth Respondent under the terms of the Order cease to enable or facilitate access to the FirstRow Websites (in which case the Fifth Respondent shall no longer be obliged to block that IP address, URL and/or domain name).
6. For the avoidance of doubt, the Fifth 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 Fifth Respondent shall have no obligation to check itself whether the Applicant's determination is correct.
7. 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 Means from time to time.
8. 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.
9. There be no order for costs.
10. 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 as set out in paragraph 1 (such date to occur no later than 28 October 2014).

Order sent to

DLA Piper UK LLP 3 Noble Street London EC2V 7EE

Solicitors for the Applicant