Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors

Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors

The court has jurisdiction under section 97A of the Copyright, Designs and Patents Act 1988 to grant injunctions against the defendants, who are service providers, as they have actual knowledge that their services are used for copyright infringement by users and operators of The Pirate Bay. The orders sought are proportionate and appropriate, having been agreed by the parties and independently considered by the court.

Parties
Claimant: Dramatico Entertainment Limited; Claimant: EMI Records Limited; Claimant: Mercury Records Limited; Claimant: Polydor Limited; Claimant: Rough Trade Records Limited; Claimant: Sony Music Entertainment UK Limited; Claimant: Virgin Records Limited; Claimant: Warner Music UK Limited; Claimant: 679 Recordings Limited; Defendant: British Sky Broadcasting Limited; Defendant: British Telecommunications PLC; Defendant: Everything Everywhere Limited; Defendant: TalkTalk Telecom Group PLC; Defendant: Telefónica UK Limited; Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
02 May 2012
Procedural Posture
Civil / Final Judgment
Outcome
injunction granted
Legal Topics
Copyright Infringement, Injunctive Relief, Internet Service Provider Liability, Proportionality of Remedies
Intellectual Property Information Technology Copyright Infringement Injunctive Relief Internet Service Provider Liability Proportionality of Remedies

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Parties

Dramatico Entertainment Limited

Claimant

EMI Records Limited

Claimant

Mercury Records Limited

Claimant

Polydor Limited

Claimant

Rough Trade Records Limited

Claimant

Sony Music Entertainment UK Limited

Claimant

Virgin Records Limited

Claimant

Warner Music UK Limited

Claimant

679 Recordings Limited

Claimant

British Sky Broadcasting Limited

Defendant

British Telecommunications PLC

Defendant

Everything Everywhere Limited

Defendant

TalkTalk Telecom Group PLC

Defendant

Telefónica UK Limited

Defendant

Virgin Media Limited

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction under section 97A of the Copyright, Designs and Patents Act 1988 to grant an injunction against internet service providers to block access to The Pirate Bay
  2. 2 Whether the defendants are service providers within the meaning of section 97A
  3. 3 Whether users and operators of The Pirate Bay use the defendants' services to infringe copyright

Ratio Decidendi

The court has jurisdiction under section 97A of the Copyright, Designs and Patents Act 1988 to grant injunctions against the defendants, who are service providers, as they have actual knowledge that their services are used for copyright infringement by users and operators of The Pirate Bay. The orders sought are proportionate and appropriate, having been agreed by the parties and independently considered by the court.

Court Disposition

injunction granted

Orders

  • Defendants ordered to block access to The Pirate Bay by IP address blocking, with technical means varying by defendant.