The websites permitted pirate Nintendo Switch video games to be downloaded. This infringed copyright and Nintendo's registered trade marks.
The IP Enterprise Court has ruled in the case of Nintendo Co Ltd v British Telecommunications plc and others  EWHC 3488.
The IP Enterprise Court has granted Nintendo Co Limited an injunction under section 97A of the Copyright, Designs and Patents Act 1988 and section 37(1) of the Senior Courts Act 1981 ordering six internet service providers to block access to two websites. The websites concerned allowed access via links to third party websites. The third party websites in turn permitted pirate Nintendo Switch video games to be downloaded. This infringed copyright and Nintendo's registered trade marks.
Subscribers to the ISPs who were located in the UK performed acts of copying in the UK when they connected to the websites and used them to access and download files containing the unauthorised Nintendo games onto electronic devices located in the UK. The judge inferred from the high number of visits to the websites by UK consumers (including repeat visits) together with the obvious purpose in providing a link to the unauthorised Nintendo games, that downloading was taking place and that copies of the works are therefore being created in the memory of those devices. The evidence showed a high level of downloads.
The operators of the websites authorised and/or were liable as joint tortfeasors for such copying by UK users.
The judge was also satisfied on the evidence that the website operators performed acts of communication to the public in the UK (such that these acts were to be regarded as taking place here) when links to the unauthorised Nintendo games were made available on the target websites. In arriving at this conclusion the judge had regard in particular to the following:
Although not strictly necessary in circumstances where the judge had already found copyright infringement, he was satisfied on the evidence that it was clear that the operators of the target websites were infringing various Nintendo UK registered trade marks by using identical signs in the course of trade in relation to identical goods. The target websites were targeting average consumers in the UK.
It was proportionate to grant an injunction and therefore the court ordered it.