Newzbin Block: BT Injunction Format Determined

Following his judgment in Twentieth Century Fox Film Corp & Ors v British Telecommunications Plc, Mr Justice Arnold has now determined the format of the injunction which will apply. BT was given 14 days in which to apply its terms.

Readers will recall that in July Mr Justice Arnold gave judgment in Twentieth Century Fox Film Corp & Ors v British Telecommunications Plc [2011] EWHC 1981 (Ch). The broad effect was that 'the Studios' won and Mr Justice Arnold granted an injunction to the applicants (various representative members of the Motion Picture Association of America) and required BT to put in place blocking technology directed to the Newzbin web sites. The precise terms of the remedy were to be determined at a later hearing. The relevant judgment was given on 26 October 2011, deciding the outstanding issues such as the terms of the injunction. The latest judgment can be read here.

The final order was in the following terms:

  1. "1. In respect of its customers to whose internet service the system known as Cleanfeed is applied whether optionally or otherwise, the Respondent shall within 14 days adopt the following technical means to block or attempt to block access by its customers to the website known as Newzbin2 currently accessible at www.newzbin.com, its domains and sub-domains and including payments.newzbin.com and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to the Newzbin2 website. The technical means to be adopted are:

(i) IP address re-routing in respect of each and every IP address from which the said website operates and which is notified in writing to the Respondent by the Applicants or their agents; and

(ii) DPI-based URL blocking utilising at least summary analysis in respect of each and every URL available at the said website and its domains and sub-domains and which is notified in writing to the Respondent by the Applicants or their agents.

2. For the avoidance of doubt paragraph 1 is complied with if the Respondent uses the system known as Cleanfeed and does not require the Respondent to adopt DPI-based URL blocking utilising detailed analysis.

3. The Respondent shall not be in breach of paragraph 1 if it temporarily suspends Cleanfeed or the addition of IP addresses or URLs thereto with the consent in writing of the Applicants or their agents.

4. The parties have permission to apply on notice in the event of any material change of circumstances including, for the avoidance of doubt but without limiting the generality of the foregoing, in respect of the costs, consequences for the parties and effectiveness of the aforesaid technical means from time to time.

5. The Applicants shall pay the Respondent's costs of this application down to 16 December 2010. The Respondent shall pay the Applicants' costs of this application from 17 December 2010 to 28 July 2011 inclusive. Such costs shall be assessed on the standard basis if not agreed and set off against each other. Each party shall bear its own costs since 28 July 2011

 

 

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