Paramount Home Entertainment & Anor v British Sky Broadcasting & Ors [2014] EWHC 937 (Ch) (18 February 2014)

Paramount Home Entertainment & Anor v British Sky Broadcasting & Ors [2014] EWHC 937 (Ch) (18 February 2014)

The jurisdictional requirements of section 97A are satisfied: Respondents are service providers, operators of Target Websites infringe copyright, use Respondents' services, and Respondents have actual knowledge. The balance of rights favours granting injunctions to protect Applicants' copyright over other rights, and the orders are proportionate and technically feasible.

Citation
[2014] EWHC 937 (Ch)
Parties
Applicants: Paramount Home Entertainment International Limited & Others; Respondents: British Sky Broadcasting Limited & Others
Jurisdiction
England and Wales
Judgment Date
18 February 2014
Procedural Posture
Application for Website Blocking Order Under Section 97 a of the Copyright, Design and Patents Act 1988 / Judgment on Application
Outcome
Injunctions granted
Legal Topics
Website Blocking Orders, Online Copyright Infringement, Communication to the Public, Jurisdiction Under Section 97 a, Proportionality and Discretion
Intellectual Property Copyright Law Information Technology Law Website Blocking Orders Online Copyright Infringement Communication to the Public Jurisdiction Under Section 97 a Proportionality and Discretion

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Parties

Paramount Home Entertainment International Limited & Others

Applicants

British Sky Broadcasting Limited & Others

Respondents

Procedural Posture

Application for Website Blocking Order Under Section 97 a of the Copyright, Design and Patents Act 1988 / Judgment on Application

Legal Issues

  1. 1 Whether Respondents are service providers
  2. 2 Whether operators of Target Websites infringe copyright
  3. 3 Whether operators use Respondents' services to infringe copyright

Ratio Decidendi

The jurisdictional requirements of section 97A are satisfied: Respondents are service providers, operators of Target Websites infringe copyright, use Respondents' services, and Respondents have actual knowledge. The balance of rights favours granting injunctions to protect Applicants' copyright over other rights, and the orders are proportionate and technically feasible.

Court Disposition

Injunctions granted

Orders

  • Respondents ordered to block access to Viooz, Megashare, zMovie, and Watch32 websites
  • Liberty to apply for Respondents and operators of Target Websites