UK/HC13F02471/FirstRow VirginMedia

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File:FirstRow VirginMedia.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 Sixth Defendant/Respondent, Virgin Media Limited, ("the Sixth Respondent") as follows:

1. The Sixth Respondent shall adopt the technical means described at paragraphs (i) and (ii) below 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 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 Sixth Respondent by the Applicant from time to time. The technology to be adopted is:
(i) IP address blocking in respect of all IP addresses from which the FirstRow Websites operate as shall be notified in writing from time to time to the Sixth Respondent by the Applicant or its agents and in respect of which the Applicant or its agents notifies the Sixth Respondent that the server with the notified IP address does not also host a site that is not part of the FirstRow Websites, 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) URL blocking in respect of each and every URL available at the FirstRow Websites and their domains and sub-domains as shall be notified in writing from time to time to the Sixth Respondent by the Applicant or its agents, 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 l 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 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) or the addition of IP addresses or URLs thereto:
(i) with the consent of the Applicant or its agents, 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 Applicant or its agents); or
(iii) if it (a) notifies the Applicant or its agents 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 Applicant or its agents at any time for leave to continue the suspension if the Applicant or its agents notify the Sixth Respondent that they object to the continuation of such suspension.
4. The Sixth Respondent shall be entitled to take into account reasonable network management considerations and shall be entitled to temporarily suspend the adoption of Web Blocker 2 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 Sixth Respondent should any IP address, URL and/or domain name which has already been notified to the Sixth Respondent under the terms of the Order cease to enable or facilitate access to the FirstRow Websites (in which case the Sixth Respondent shall no longer be obliged to block that IP address, URL and/or domain name).
6. For the avoidance of doubt, the Sixth 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 Sixth 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 the costs, consequences for the parties and effectiveness of the aforesaid 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 as to costs of this Application.

Order sent to

DLA Piper UK LLP 3 Noble Street London EC2V 7EE

Solicitors for the Applicant