1967 Ltd & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3444 (Ch) (23 October 2014)

1967 Ltd & Ors v British Sky Broadcasting Ltd & Ors [2014] EWHC 3444 (Ch) (23 October 2014)

The Defendants are service providers under section 97A CDPA 1988; users and operators of the Target Websites infringe the Claimants' copyrights by copying and communicating works to the public; Defendants' services are used for such infringement; Defendants have actual knowledge; the orders sought are proportionate and effective; therefore, injunctions requiring Defendants to block access to the Target Websites are granted.

Citation
[2014] EWHC 3444 (Ch)
Parties
Claimant: 1967 Limited; Claimant: Dramatico Entertainment Limited; Claimant: Infectious Music Limited; Claimant: Liberation Music Pty Limited; Claimant: Simco Limited; Claimant: Sony Music Entertainment UK Limited; Claimant: Universal Music Operations Limited; Defendant: British Sky Broadcasting Limited; Defendant: British Telecommunications PLC; Defendant: EE Limited; Defendant: TalkTalk Telecom Limited; Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2014
Procedural Posture
Application for Injunction / Judgment
Outcome
injunction granted
Legal Topics
Website Blocking Orders, Copyright Infringement, Injunctions Against Isps, Section 97 a CDPA 1988, Proportionality, Communication to the Public
Intellectual Property Copyright Information Technology Website Blocking Orders Copyright Infringement Injunctions Against Isps Section 97 a CDPA 1988 Proportionality +1 more

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Parties

1967 Limited

Claimant

Dramatico Entertainment Limited

Claimant

Infectious Music Limited

Claimant

Liberation Music Pty Limited

Claimant

Simco Limited

Claimant

Sony Music Entertainment UK Limited

Claimant

Universal Music Operations Limited

Claimant

British Sky Broadcasting Limited

Defendant

British Telecommunications PLC

Defendant

EE Limited

Defendant

TalkTalk Telecom Limited

Defendant

Virgin Media Limited

Defendant

Procedural Posture

Application for Injunction / Judgment

Legal Issues

  1. 1 Whether the Defendants are service providers under section 97A CDPA 1988
  2. 2 Whether users and/or operators of the Target Websites infringe the Claimants' copyrights
  3. 3 Whether Defendants' services are used for infringement

Ratio Decidendi

The Defendants are service providers under section 97A CDPA 1988; users and operators of the Target Websites infringe the Claimants' copyrights by copying and communicating works to the public; Defendants' services are used for such infringement; Defendants have actual knowledge; the orders sought are proportionate and effective; therefore, injunctions requiring Defendants to block access to the Target Websites are granted.

Court Disposition

injunction granted

Orders

  • Defendants required to block or impede access to 21 specified websites (Target Websites)
  • Orders must permit affected subscribers to apply to discharge or vary them