Capitol Records & Ors v British Telecommunications Plc & Ors [2021] EWHC 409 (Ch) (25 February 2021)

Capitol Records & Ors v British Telecommunications Plc & Ors [2021] EWHC 409 (Ch) (25 February 2021)

Nitroflare.com is deliberately structured to facilitate large-scale copyright infringement, operators and users infringe claimants' copyrights by communication to the public and copying, ISPs are service providers used to facilitate infringement, ISPs have actual knowledge, and a website blocking order is proportionate and justified under s.97A Copyright, Designs and Patents Act 1988.

Citation
[2021] EWHC 409 (Ch)
Parties
Claimant: Capitol Records, a division of Universal Music Operations Ltd; Claimant: Domino Recording Company Limited; Claimant: Matador Records Limited; Claimant: Queens Lite, Inc; Claimant: Simco Limited; Claimant: Sony Music Entertainment UK Ltd; Claimant: Warner Bros. Records, Inc; Claimant: Warner Music UK Ltd; Claimant: XL Recordings Limited; Claimant: Young Turks Recordings Limited; 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
25 February 2021
Procedural Posture
Application for Website Blocking Order / Final Judgment
Outcome
application granted
Legal Topics
Website Blocking Orders, Copyright Infringement, Communication to the Public, Joint Tortfeasorship, Authorisation, Proportionality, Safe Harbour, Internet Service Providers Liability
Intellectual Property Copyright Information Technology Website Blocking Orders Copyright Infringement Communication to the Public Joint Tortfeasorship Authorisation +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Capitol Records, a division of Universal Music Operations Ltd

Claimant

Domino Recording Company Limited

Claimant

Matador Records Limited

Claimant

Queens Lite, Inc

Claimant

Simco Limited

Claimant

Sony Music Entertainment UK Ltd

Claimant

Warner Bros. Records, Inc

Claimant

Warner Music UK Ltd

Claimant

XL Recordings Limited

Claimant

Young Turks Recordings Limited

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

Application for Website Blocking Order / Final Judgment

Legal Issues

  1. 1 Whether Nitroflare.com is used for large-scale copyright infringement
  2. 2 Whether the operators and users of Nitroflare.com infringe claimants' copyrights
  3. 3 Whether the defendant ISPs are service providers under s.97A Copyright, Designs and Patents Act 1988

Ratio Decidendi

Nitroflare.com is deliberately structured to facilitate large-scale copyright infringement, operators and users infringe claimants' copyrights by communication to the public and copying, ISPs are service providers used to facilitate infringement, ISPs have actual knowledge, and a website blocking order is proportionate and justified under s.97A Copyright, Designs and Patents Act 1988.

Court Disposition

application granted

Orders

  • Defendant ISPs are ordered to block access to Nitroflare.com for their subscribers.