NIPC Law

Crossroads of the World Author Carol M Highsmith   Public domain  Source Wikimedia Commons   Jane Lambert Business and Property Courts, Intellectual Property Lost (Mrs Justice Falk) Columbia Pixtures Inc and others v British Telecommunications Plc and others [2021] EWHC 2799 (ch) (22 Oct 2021)  This was an application by members and representatives of the US film and television programme-makers industry for a blocking order against the leading British internet service providers under s.97A of the Copyright Designs and Patents Act 1988  ("CDPA").  A blocking order is an injunction requiring an internet service provider to take steps to prevent its subscribers from accessing a proscribed website.  S.97A provides: (1) The High Court (in Scotland, the Court of Session) shall have power to grant an injunction against a service provider, where that service provider has actual knowledge of another person using their service to infringe copyright. (2) I...

Author Judicial Office UK  Licence CC BY-SA 4.0   Source  Wikipedia Commons   Jane Lambert Chancery Division (Mr Justice Miles)  Young Turks Recordings Ltd ad others v British Telecommunications Plc and others [2021] EWHC 410 (Ch) (25 Feb 2021) This case appears to be the first decision in the UK on  "stream ripping ".   It took the form of an application by the British sound recording industry for orders requiring the 6 largest internet service providers in the United Kingdom to block their subscribers' access to a number of stream ripping sites under s.97A of the Copyright, Designs and Patents Act 1988  ("CDPA")  or alternatively s .37 Senior Courts Act 1981.  Background The claimants and defendants, in this case, were the same as in  Capitol Records and others v British Telecommunications Plc and others [ 2021] EWHC 409 (Ch) which I discussed in  Blocking Orders - Capitol Records v British Telecommunications Plc ...

Royal Courts of Justice Author DCastor   Public Domain Dedication   Source Wikipedia, Royal Courts of Justice Jane Lambert Chancery Division (Mr Justice Miles) Capitol Records and others v British Telecommunications Plc and others [2021] EWHC 409 (Ch) (25 Feb 2021 This was an application by representatives of the British sound recording industry for an order under s.97A of the Copyright, Designs and Patents Act 1988 requiring the 6 largest internet service providers in the UK accounting for 91% of the fixed-line internet market to block their subscribers' access to a website known as "NitroFlare" on the grounds that that site infringed the claimants' copyrights on a massive scale.  The application came on before Mr Justkce Miles on 3 Feb 2021. In  Capitol Records and others v British Telecommunications Plc and others [ 2021] EWHC 409 (Ch), which he handed down on 25 Feb 2021, he grated the claimants' application. The Legislation S.97A provides: "(1) The Hig...

Nintendo's head office in Japan Author Moja-commonswiki Licence CC BY-SA 3.0 Source Wikipedia Nintendo Jane Lambert High Court, Chancery Division (Mr Justice Arnold) Nintendo Co. Ltd. v Sky UK Ltd and others   [2019] EWHC 2376 (Ch) This was a claim by the famous consumer electronics and video games company, Nintendo Company Limited , for an order requiring Sky UK Ltd and four other internet service providers to block, or at least impede, access by their customers to four websites that advertise, distribute, offer for sale and/or sell devices that circumvent Nintendo's technical protection measures for its game consoles. As all the target websites used Nintendo's trade marks in their advertising, Nintendo based its application in part on principles established by the Court of Appeal in  Cartier International AG and others v British Sky Broadcasting Ltd and others [2017] Bus LR 1, [2016] ETMR 43, [2016] Info TLR 1, [2017] Bus LR 723, ...

Supreme Court Author Christine Smith Licence Creative Commons attribution share alike 4.0 international Source Wikipedia Jane Lambert Supreme Court (Lords Mance, Kerr, Sumption, Mance and Hodge)  Cartier International AG and others v British Telecommunications Plc and another   [2018] 1 WLR 3259, [2018] WLR 3259, [2018] WLR (D) 354, [2018] UKSC 28 What this Appeal was about In  Cartier International AG and others v British Sky Broadcasting Ltd and others   : [2015] EMLR 10, [2015] 1 All ER 949, [2015] 1 All ER (Comm) 641, [2015] RPC 175, [2014] EWHC 3354 (Ch), [2015] BUS LR 298, [2015] RPC 7, [2015] Bus LR 298, [2015] ETMR 1, [2014] WLR(D) 464 Mr Justice Arnold made an order requiring British Sky Broadcasting Ltd. and other internet service providers ("ISPs") to block access to certain websites which promoted the sale of counterfeit products under s.37 (1)  of the Senior Courts Act 1981. I blogged about the case in...