UEFA v BT: ISP blocking injunctions
In the UK, internet service provider blocking injunctions have become increasingly common. In UEFA v BT & Others, the English High Court has again granted an injunction requiring the major internet service providers to block access by their users to servers delivering infringing streams of UEFA matches.
Mr Justice Arnold, giving the judgment, considered whether the court had jurisdiction, whether an order should be made and the form of that order. As to jurisdiction, he applied the following criteria:
- that the defendants are internet service providers;
- that users and/or the operators of the target servers infringe the copyrights
- that users and/or the operators of the target servers use the defendants' services to do that; and
- that the defendants have actual knowledge of this.
With regard to whether an order should be made, he considered whether the order is proportionate having regard to the competing rights of those affected by it and in particular: the comparative importance of the rights engaged and the justifications for interfering with those rights; the effectiveness and dissuasiveness of the order; substitutability; alternative measures; not unnecessarily complicated or costly; avoidance of barriers to legitimate trade; and safeguards.
A standard form of order has now developed.
Case details at a glance
Jurisdiction: England & Wales
Court: High Court (Chancery Division)
Parties: UNION DES ASSOCIATIONS EUROPÉENNES DE FOOTBALL (claimant) and BRITISH TELECOMMUNICATIONS PLC, EE LIMITED, PLUSNET PLC, SKY UK LIMITED, TALKTALK TELECOM LIMITED and VIRGIN MEDIA LIMITED (defendants)
Date: 21 December 2017
Citation: [2017] EWHC 3414 (Ch)
Full decision: http://dycip.com/UEFAvBT
