Paramount Home Entertainment International Ltd & Ors v British Sky Broadcasting Ltd & Ors

Paramount Home Entertainment International Ltd & Ors v British Sky Broadcasting Ltd & Ors

Operators of the target websites materially intervene to make copyright works available to the public, amounting to communication to the public and infringement; defendants' ISP services are used for infringement and they have actual knowledge; orders sought are proportionate and appropriate.

Parties
Claimant: Paramount Home Entertainment International Limited; Claimant: Sony Pictures Home Entertainment Limited; Claimant: Twentieth Century Fox Film Company Limited; Claimant: Universal Pictures (UK) Limited; Claimant: Warner Bros. Entertainment UK Limited; Claimant: Disney Enterprises, Inc.; 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
13 November 2013
Procedural Posture
Application for Injunction / Judgment
Outcome
Orders granted as sought by the claimants, subject to minor amendments in recitals.
Legal Topics
Website Blocking Orders, Communication to the Public, Injunctions Against Isps, Authorisation of Copyright Infringement, Joint Tortfeasance
Intellectual Property Copyright Law Website Blocking Orders Communication to the Public Injunctions Against Isps Authorisation of Copyright Infringement Joint Tortfeasance

Case Brief

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Parties

Paramount Home Entertainment International Limited

Claimant

Sony Pictures Home Entertainment Limited

Claimant

Twentieth Century Fox Film Company Limited

Claimant

Universal Pictures (UK) Limited

Claimant

Warner Bros. Entertainment UK Limited

Claimant

Disney Enterprises, Inc.

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

Application for Injunction / Judgment

Legal Issues

  1. 1 Whether operators and/or users of specified websites infringe claimants' copyrights by communication to the public
  2. 2 Whether defendants as ISPs have actual knowledge and their services are used for infringement
  3. 3 Whether orders sought are proportionate and discretionary

Ratio Decidendi

Operators of the target websites materially intervene to make copyright works available to the public, amounting to communication to the public and infringement; defendants' ISP services are used for infringement and they have actual knowledge; orders sought are proportionate and appropriate.

Court Disposition

Orders granted as sought by the claimants, subject to minor amendments in recitals.

Orders

  • Defendants ordered to block access to SolarMovie and TubePlus websites as specified.
  • Orders to recite that operators and/or users of the target websites used the services of the relevant defendant to infringe copyrights in the UK.