Union Des Associations Européennes De Football v British Telecommunications Plc & Ors

Union Des Associations Européennes De Football v British Telecommunications Plc & Ors

The Court has jurisdiction to make the blocking order under section 97A of the Copyright, Designs and Patents Act 1988, and it is appropriate and proportionate to do so given the scale of illicit streaming, the effectiveness of similar orders, and the safeguards against overblocking.

Parties
Claimant: Union des Associations Européennes de Football; Defendant: British Telecommunications PLC; Defendant: EE Limited; Defendant: Plusnet PLC; Defendant: Sky UK Limited; Defendant: TalkTalk Telecom Limited; Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Intellectual Property Injunction Application / Judgment on Paper Application
Outcome
Injunction granted
Legal Topics
Website Blocking Injunctions, Copyright Infringement, Live Streaming, Jurisdiction Under Section 97 a Copyright, Designs and Patents Act 1988
Intellectual Property Copyright Law Website Blocking Injunctions Copyright Infringement Live Streaming Jurisdiction Under Section 97 a Copyright, Designs and Patents Act 1988

Case Brief

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Parties

Union des Associations Européennes de Football

Claimant

British Telecommunications PLC

Defendant

EE Limited

Defendant

Plusnet PLC

Defendant

Sky UK Limited

Defendant

TalkTalk Telecom Limited

Defendant

Virgin Media Limited

Defendant

Procedural Posture

Intellectual Property Injunction Application / Judgment on Paper Application

Legal Issues

  1. 1 Whether the requirements for a blocking injunction under section 97A of the Copyright, Designs and Patents Act 1988 are met
  2. 2 Whether the order sought is appropriate and proportionate
  3. 3 Whether confidential evidence and order terms are justified

Ratio Decidendi

The Court has jurisdiction to make the blocking order under section 97A of the Copyright, Designs and Patents Act 1988, and it is appropriate and proportionate to do so given the scale of illicit streaming, the effectiveness of similar orders, and the safeguards against overblocking.

Court Disposition

Injunction granted

Orders

  • Defendants to block or impede access to streaming servers delivering infringing live streams of UEFA Competition matches to UK consumers from 13 February 2018 to 26 May 2018.
  • Certain evidence and part of the order to be kept confidential.