The Football Association Premier League Ltd v British Sky Broadcasting Ltd & Ors [2013] EWHC 2058 (Ch) (16 July 2013)

The Football Association Premier League Ltd v British Sky Broadcasting Ltd & Ors [2013] EWHC 2058 (Ch) (16 July 2013)

FirstRow communicates FAPL's copyright works to the public in the UK without authorisation, constituting infringement. The Defendants are service providers whose services are used for such infringement and have actual knowledge. The blocking orders sought are proportionate and justified under section 97A CDPA 1988.

Citation
[2013] EWHC 2058 (Ch)
Parties
Claimant: The Football Association Premier League Limited; Defendant: British Sky Broadcasting Limited; Defendant: British Telecommunications PLC; Defendant: Everything Everywhere Limited; Defendant: TalkTalk Telecom Limited; Defendant: Telefónica UK Limited; Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2013
Procedural Posture
Copyright Infringement Injunction Application / Judgment on Application for Website Blocking Order
Outcome
Injunction granted
Legal Topics
Website Blocking Orders, Copyright Infringement, Communication to the Public, Section 97 a CDPA 1988, Proportionality of Injunctions, Online Streaming, Jurisdiction Over Isps
Intellectual Property Law Copyright Law Information Technology Law Website Blocking Orders Copyright Infringement Communication to the Public Section 97 a CDPA 1988 Proportionality of Injunctions +2 more

Case Brief

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Parties

The Football Association Premier League Limited

Claimant

British Sky Broadcasting Limited

Defendant

British Telecommunications PLC

Defendant

Everything Everywhere Limited

Defendant

TalkTalk Telecom Limited

Defendant

Telefónica UK Limited

Defendant

Virgin Media Limited

Defendant

Procedural Posture

Copyright Infringement Injunction Application / Judgment on Application for Website Blocking Order

Legal Issues

  1. 1 Whether operators and users of FirstRow infringe FAPL's copyrights by communication to the public
  2. 2 Whether the Defendants (ISPs) are service providers under section 97A CDPA 1988
  3. 3 Whether the Defendants have actual knowledge of infringement

Ratio Decidendi

FirstRow communicates FAPL's copyright works to the public in the UK without authorisation, constituting infringement. The Defendants are service providers whose services are used for such infringement and have actual knowledge. The blocking orders sought are proportionate and justified under section 97A CDPA 1988.

Court Disposition

Injunction granted

Orders

  • Defendants are ordered to take measures to block or impede access by their customers to the FirstRow Sports website, including IP address and URL blocking, with safeguards and liberty to apply provisions as agreed.