Twentieth Century Fox Film Corporation & Ors v Sky UK Ltd & Ors [2015] EWHC 1082 (Ch) (28 April 2015)

Twentieth Century Fox Film Corporation & Ors v Sky UK Ltd & Ors [2015] EWHC 1082 (Ch) (28 April 2015)

The court has jurisdiction under s97A CDPA 1988 to grant a blocking order against the defendant ISPs in respect of the target websites, including Popcorn Time related sites, because the operators of these sites are jointly liable with host website operators for copyright infringement. The ISPs' services are used to facilitate such infringement. The order is proportionate and justified to prevent further infringement.

Citation
[2015] EWHC 1082 (Ch)
Parties
Claimant: Twentieth Century Fox Film Corporation; Claimant: Universal City Studios Productions LLP; Claimant: Warner Bros. Entertainment Inc.; Claimant: Paramount Pictures Corporation; Claimant: Disney Enterprises, Inc; Claimant: Columbia Pictures Industries, Inc.; Defendant: Sky UK Limited; Defendant: British Telecommunications PLC; Defendant: EE Limited; Defendant: TalkTalk Telecom Limited; Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
28 April 2015
Procedural Posture
Application for Website Blocking Order Under S97 a Copyright, Designs and Patents Act 1988 / Judgment on Application
Outcome
Application granted (except as to Movie Panda, which was adjourned)
Legal Topics
Website Blocking Orders, Copyright Infringement, Section 97 a CDPA 1988, ISP Liability, Proportionality of Injunctions
Intellectual Property Copyright Law Information Technology Law Website Blocking Orders Copyright Infringement Section 97 a CDPA 1988 ISP Liability Proportionality of Injunctions

Case Brief

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Parties

Twentieth Century Fox Film Corporation

Claimant

Universal City Studios Productions LLP

Claimant

Warner Bros. Entertainment Inc.

Claimant

Paramount Pictures Corporation

Claimant

Disney Enterprises, Inc

Claimant

Columbia Pictures Industries, Inc.

Claimant

Sky UK Limited

Defendant

British Telecommunications PLC

Defendant

EE Limited

Defendant

TalkTalk Telecom Limited

Defendant

Virgin Media Limited

Defendant

Procedural Posture

Application for Website Blocking Order Under S97 a Copyright, Designs and Patents Act 1988 / Judgment on Application

Legal Issues

  1. 1 Whether the court has jurisdiction under s97A CDPA 1988 to grant a website blocking order against ISPs in respect of Popcorn Time and other piracy websites
  2. 2 Whether the operators of the target websites infringe copyright by communication to the public, authorisation, or joint tortfeasance
  3. 3 Whether the operators of the target websites use the services of the ISPs to infringe copyright

Ratio Decidendi

The court has jurisdiction under s97A CDPA 1988 to grant a blocking order against the defendant ISPs in respect of the target websites, including Popcorn Time related sites, because the operators of these sites are jointly liable with host website operators for copyright infringement. The ISPs' services are used to facilitate such infringement. The order is proportionate and justified to prevent further infringement.

Court Disposition

Application granted (except as to Movie Panda, which was adjourned)

Orders

  • ISPs ordered to block access to specified target websites (including Popcorn Time related sites) and associated domains, sub-domains, IP addresses, and URLs as notified by the claimants or their agents.
  • ISPs must implement technical measures (IP blocking, URL blocking, DNS blocking, etc.) as specified in the order within 10 working days of notification.