Twentieth Century Fox Film Corporation & Ors v Harris & Ors [2014] EWHC 1568 (Ch) (16 May 2014)

Twentieth Century Fox Film Corporation & Ors v Harris & Ors [2014] EWHC 1568 (Ch) (16 May 2014)

Mr Harris was the controlling mind behind both Newzbin and Newzbin2, orchestrated mass copyright infringement, used associated companies to channel proceeds and evade liability, and conspired to injure the claimants by unlawful means. The Chat Logs are genuine and show Mr Harris's direct involvement. The corporate defendants were his alter egos. The claimants are entitled to relief including injunctions and asset recovery.

Citation
[2014] EWHC 1568 (Ch)
Parties
Claimant: Twentieth Century Fox Film Corporation; Claimant: Universal City Studios LLC; Claimant: Warner Bros. Entertainment Inc.; Claimant: Paramount Pictures Corporation; Claimant: Disney Enterprises, Inc.; Claimant: Columbia Pictures Industries, Inc.; Defendant: David Harris; Defendant: KTHXBAI Limited; Defendant: The NZB Foundation; Defendant: Paypal (Europe) SARL et CIE SCA; Defendant: Christopher Elsworth; Defendant: Motors For Movies Limited; Defendant: HKB Operations Limited; Defendant: NZBS4ALL Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2014
Procedural Posture
Copyright and Conspiracy Civil Claim / High Court Judgment After Trial
Outcome
Claim for copyright infringement and conspiracy succeeded against Mr Harris and associated companies. Relief granted.
Legal Topics
Copyright Infringement, Unlawful Means Conspiracy, Joint Tortfeasorship, Freezing Injunction, Evidence (chat Logs), Company Law (lifting the Corporate Veil)
Intellectual Property Civil Procedure Equity and Trusts Copyright Infringement Unlawful Means Conspiracy Joint Tortfeasorship Freezing Injunction Evidence (chat Logs) +1 more

Case Brief

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Parties

Twentieth Century Fox Film Corporation

Claimant

Universal City Studios LLC

Claimant

Warner Bros. Entertainment Inc.

Claimant

Paramount Pictures Corporation

Claimant

Disney Enterprises, Inc.

Claimant

Columbia Pictures Industries, Inc.

Claimant

David Harris

Defendant

KTHXBAI Limited

Defendant

The NZB Foundation

Defendant

Paypal (Europe) SARL et CIE SCA

Defendant

Christopher Elsworth

Defendant

Motors For Movies Limited

Defendant

HKB Operations Limited

Defendant

NZBS4ALL Limited

Defendant

Procedural Posture

Copyright and Conspiracy Civil Claim / High Court Judgment After Trial

Legal Issues

  1. 1 Whether Mr Harris and associated companies infringed the claimants' copyrights via the Newzbin and Newzbin2 websites
  2. 2 Whether Mr Harris and others conspired to injure the claimants by unlawful means
  3. 3 Whether the Chat Logs are genuine and admissible evidence

Ratio Decidendi

Mr Harris was the controlling mind behind both Newzbin and Newzbin2, orchestrated mass copyright infringement, used associated companies to channel proceeds and evade liability, and conspired to injure the claimants by unlawful means. The Chat Logs are genuine and show Mr Harris's direct involvement. The corporate defendants were his alter egos. The claimants are entitled to relief including injunctions and asset recovery.

Court Disposition

Claim for copyright infringement and conspiracy succeeded against Mr Harris and associated companies. Relief granted.

Orders

  • Permanent injunction restraining further infringement
  • Asset freezing and recovery orders