The Pirate Bay blocked in the UK

March 2012


Mr Justice Arnold, sitting in the Chancery Division, England and Wales, has given judgment in the case brought against TPB in Dramatico Entertainment Ltd & others v British Sky Broadcasting Ltd & others and this is how Music Week saw the ruling:

“The UK record industry has today claimed a major victory in its fight against the Pirate Bay – with the High Court recognising that the site’s owners and users are operating illegally.

Claimants represented by the BPI – including Dramatico, EMI, Polydor, Rough Trade and Warner – argued that the UK’s leading six Internet Service Providers should block the filesharing site. Defendants including BT, TalkTalk, Sky and Virgin Media did not attend the hearing and were not represented.

Mr Justice Arnold ruled that “both users and the operators of TPB infringe the copyrights of the Claimants (and those they represent) in the UK”. He added (para81)

“In my judgment, the operators of TPB do authorise its users’ infringing acts of copying and communication to the public. They go far beyond merely enabling or assisting. On any view, they ‘sanction, approve and countenance’ the infringements of copyright committed by its users. But in my view they also purport to grant users the right to do the acts complained of. It is no defence that they openly defy the rights of the copyright owners. I would add that I consider the present case to be indistinguishable from 20C Fox v Newzbin in this respect. If anything, it is a stronger case”. …

A further hearing is now set for in June to decide which ISPs should block the site, and how”.

From the 1709 Copyright Blog

Dramatico Entertainment Ltd & others v British Sky Broadcasting Ltd & others [2012] EWHC 268 (Ch) (20 February 2012)

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