High Court applies Cartier v BSkyB principles to copyright infringement case

Kaisa Patsalides

Copyright holders have secured another victory in their battle against infringing file-sharing sites in 1967 Ltd v British Sky Broadcasting Ltd.  Applying the principles set out in his recent judgment in Cartier v BSkyB (full judgment available here), Arnold J granted an order under section 97A of the Copyright, Designs and Patents Act 1988 requiring five leading Internet Service Providers (ISPs) to block access to several websites which were actively promoting illegal music downloads.  Arnold J was satisfied that the order would not impose disproportionate implementation costs on the ISPs.  He also considered evidence from the claimants suggesting that similar orders had been highly effective in the past to reduce the number of UK-based visitors to illegal file-sharing sites. This ruling demonstrates the courts’ increasing willingness to grant blocking injunctions where the Cartier principles are met, and their growing acceptance that the impact of such measures on ISPs is likely to be “proportionate”.

1967 Ltd and others v British Sky Broadcasting Ltd and others [2014] EWHC 3444 (Ch)

Post By Kaisa Patsalides (8 Posts)

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