The Football Association Premier League Ltd v British Telecommunications Plc & Ors [2017] EWHC 480 (Ch) (13 March 2017)

The Football Association Premier League Ltd v British Telecommunications Plc & Ors [2017] EWHC 480 (Ch) (13 March 2017)

The court had jurisdiction to grant the blocking order under section 97A as all statutory requirements were met: the Defendants are service providers, the operators and users of the target servers infringe FAPL's copyrights, the Defendants' services are used for such infringement, and the Defendants have actual knowledge. The order is proportionate, effective, contains appropriate safeguards, and does not unduly interfere with legitimate rights.

Citation
[2017] EWHC 480 (Ch)
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 Injunction Application / Judgment on Application for Interim Injunction
Outcome
Injunction granted
Legal Topics
Website Blocking Orders, Copyright Infringement, Section 97 a Copyright, Designs and Patents Act 1988, Streaming Servers, Proportionality of Injunctions
Intellectual Property Copyright Law Website Blocking Orders Copyright Infringement Section 97 a Copyright, Designs and Patents Act 1988 Streaming Servers Proportionality of Injunctions

Case Brief

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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 Injunction Application / Judgment on Application for Interim Injunction

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a blocking injunction against ISPs targeting streaming servers under section 97A of the Copyright, Designs and Patents Act 1988
  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 blocking order under section 97A as all statutory requirements were met: the Defendants are service providers, the operators and users of the target servers infringe FAPL's copyrights, the Defendants' services are used for such infringement, and the Defendants have actual knowledge. The order is proportionate, effective, contains appropriate safeguards, and does not unduly interfere with legitimate rights.

Court Disposition

Injunction granted

Orders

  • Defendants are required to block or attempt to block access to specified streaming servers delivering infringing live streams of Premier League footage to UK consumers during live match times, as set out in the confidential schedule to the order.
  • The order is effective from 18 March 2017 until 22 May 2017, covering the remainder of the 2016/2017 Premier League season.