Capitol Records & Ors v British Telecommunications Plc & Ors

Capitol Records & Ors v British Telecommunications Plc & Ors

Nitroflare.com is deliberately structured to facilitate large-scale copyright infringement, targeting the UK public. Both operators and users infringe copyright by communication to the public, copying, authorisation, and joint tortfeasorship. The ISPs are service providers within s.97A, their services are used for infringement, and they have actual knowledge. The blocking order sought is necessary, proportionate, and effective.

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
Intellectual Property / Final Judgment
Outcome
Claim allowed; blocking order granted
Legal Topics
Website Blocking Orders, Copyright Infringement, Communication to the Public, Authorisation, Joint Tortfeasorship, Proportionality of Injunctions
Intellectual Property Copyright Website Blocking Orders Copyright Infringement Communication to the Public Authorisation Joint Tortfeasorship Proportionality of Injunctions

Case Brief

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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

Intellectual Property / Final Judgment

Legal Issues

  1. 1 Whether Nitroflare.com is used to infringe copyright on a large scale
  2. 2 Whether the defendants are service providers within s.97A Copyright, Designs and Patents Act 1988
  3. 3 Whether operators and users of Nitroflare.com infringe claimants' copyrights

Ratio Decidendi

Nitroflare.com is deliberately structured to facilitate large-scale copyright infringement, targeting the UK public. Both operators and users infringe copyright by communication to the public, copying, authorisation, and joint tortfeasorship. The ISPs are service providers within s.97A, their services are used for infringement, and they have actual knowledge. The blocking order sought is necessary, proportionate, and effective.

Court Disposition

Claim allowed; blocking order granted

Orders

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