1967 Ltd & Ors v British Sky Broadcasting Ltd & Ors

1967 Ltd & Ors v British Sky Broadcasting Ltd & Ors

The Defendants are service providers; users and operators of the Target Websites infringe the Claimants’ copyrights by copying and communicating works to the public; the Defendants’ services are used for infringement; Defendants have actual knowledge; and the orders sought are proportionate. Therefore, the Court will grant the injunctions sought.

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
Injunction Application / Judgment
Outcome
injunctions granted
Legal Topics
Website Blocking Orders, Copyright Infringement, Injunctions Against Isps, Communication to the Public, Authorisation, Joint Tortfeasance, Proportionality
Intellectual Property Copyright Law Internet Law Website Blocking Orders Copyright Infringement Injunctions Against Isps Communication to the Public Authorisation +2 more

Case Brief

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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

Injunction Application / Judgment

Legal Issues

  1. 1 Whether the Defendants are service providers under section 97A of the Copyright, Designs and Patents Act 1988
  2. 2 Whether users and/or operators of the Target Websites infringe the Claimants’ copyrights
  3. 3 Whether users and/or operators use the Defendants’ services to infringe

Ratio Decidendi

The Defendants are service providers; users and operators of the Target Websites infringe the Claimants’ copyrights by copying and communicating works to the public; the Defendants’ services are used for infringement; Defendants have actual knowledge; and the orders sought are proportionate. Therefore, the Court will grant the injunctions sought.

Court Disposition

injunctions granted

Orders

  • Defendants ordered to block or impede access to 21 specified Bittorrent websites.
  • Orders expressly permit affected subscribers to apply to discharge or vary the orders.