The Football Association Premier League Ltd v British Telecommunications Plc & Ors

The Football Association Premier League Ltd v British Telecommunications Plc & Ors

The court had jurisdiction to grant the injunction under section 97A of the Copyright, Designs and Patents Act 1988 as the ISPs are service providers, the operators and users of the target streaming servers infringe FAPL's copyrights, the ISPs' services are used for such infringement, and the ISPs have actual knowledge. The order is proportionate, effective, targeted, contains safeguards, and no equally effective but less onerous measures are available.

Parties
Claimant: The Football Association Premier League Limited; First Defendant: British Telecommunications PLC; Second Defendant: EE Limited; Third Defendant: Plusnet PLC; Fourth Defendant: Sky UK Limited; Fifth Defendant: TalkTalk Telecom Limited; Sixth Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2017
Procedural Posture
Intellectual Property Copyright / Judgment on Application for Injunction
Outcome
Injunction granted
Legal Topics
Website Blocking Orders, Injunctions, Copyright Infringement, Internet Service Providers, Streaming Servers
Intellectual Property Copyright Law Civil Procedure Website Blocking Orders Injunctions Copyright Infringement Internet Service Providers Streaming Servers

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Parties

The Football Association Premier League Limited

Claimant

British Telecommunications PLC

First Defendant

EE Limited

Second Defendant

Plusnet PLC

Third Defendant

Sky UK Limited

Fourth Defendant

TalkTalk Telecom Limited

Fifth Defendant

Virgin Media Limited

Sixth Defendant

Procedural Posture

Intellectual Property Copyright / Judgment on Application for Injunction

Legal Issues

  1. 1 Whether the court has jurisdiction to grant an injunction under section 97A of the Copyright, Designs and Patents Act 1988 against ISPs to block access to streaming servers delivering infringing live streams of Premier League footage.
  2. 2 Whether the operators and users of the target streaming servers infringe FAPL's copyrights.
  3. 3 Whether the order sought is proportionate and justified.

Ratio Decidendi

The court had jurisdiction to grant the injunction under section 97A of the Copyright, Designs and Patents Act 1988 as the ISPs are service providers, the operators and users of the target streaming servers infringe FAPL's copyrights, the ISPs' services are used for such infringement, and the ISPs have actual knowledge. The order is proportionate, effective, targeted, contains safeguards, and no equally effective but less onerous measures are available.

Court Disposition

Injunction granted

Orders

  • Defendants are required to block or attempt to block access to the specified streaming servers delivering infringing live streams of Premier League footage during match times.
  • The order is effective from 18 March 2017 until 22 May 2017.