Twentieth Century Fox Film Corporation & Ors v Harris & Ors

Twentieth Century Fox Film Corporation & Ors v Harris & Ors

Mr Harris was the controlling mind and sole director of Newzbin Limited from December 2009 and orchestrated, directed, and participated in mass copyright infringement via the N1 website, and subsequently set up and operated the N2 website to continue the infringing activity. He used a network of corporate entities under his control to extract, conceal, and enjoy the proceeds of infringement, and to frustrate enforcement of judgments. The Chat Logs are genuine and confirm his central role. The corporate defendants were his alter egos and participated in an unlawful means conspiracy to injure the claimants, including conspiracy to defraud and conspiracy to infringe copyright. The claim is...

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
Civil / Judgment on Liability
Outcome
Judgment for the claimants on liability
Legal Topics
Copyright Infringement, Unlawful Means Conspiracy, Joint Tortfeasance, Director Liability, Conspiracy to Defraud
Intellectual Property Tort Company Law Copyright Infringement Unlawful Means Conspiracy Joint Tortfeasance Director Liability Conspiracy to Defraud

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 4 Authorities cited 17 Party arguments 2 Amounts and remedies 5
Sign in to unlock

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

Civil / Judgment on Liability

Legal Issues

  1. 1 Whether Mr Harris is jointly liable with Newzbin Limited for copyright infringement via the N1 website
  2. 2 Whether Mr Harris is liable for copyright infringement via the N2 website
  3. 3 Whether Mr Harris and the corporate defendants conspired to injure the claimants by unlawful means, including conspiracy to defraud and conspiracy to infringe copyright

Ratio Decidendi

Mr Harris was the controlling mind and sole director of Newzbin Limited from December 2009 and orchestrated, directed, and participated in mass copyright infringement via the N1 website, and subsequently set up and operated the N2 website to continue the infringing activity. He used a network of corporate entities under his control to extract, conceal, and enjoy the proceeds of infringement, and to frustrate enforcement of judgments. The Chat Logs are genuine and confirm his central role. The corporate defendants were his alter egos and participated in an unlawful means conspiracy to injure the claimants, including conspiracy to defraud and conspiracy to infringe copyright. The claim is...

Court Disposition

Judgment for the claimants on liability

Orders

  • Declaration that Mr Harris is jointly and severally liable with Newzbin Limited for copyright infringement via the N1 website for the period 17 December 2009 to 18 May 2010
  • Declaration that Mr Harris is liable for copyright infringement via the N2 website for the period 28 May 2010 to 28 November 2012