IN THE HIGH COURT OF JUSTICE I/A no: 40 of 2008
CHANCERY DIVISION
BEFORE CHIEF MASTER WINEGARTEN ON 30 JUNE 2008 BETWEEN:
DIGIPROTECT GESELLSCHAFT ZUM SCHUTZE DIGITALE MEDIEN GMBH
Applicant
- and -
(1)BE UN LIMITED (2) BRITISH TELECOMMUNICATIONS PLC (3) EASYNET LIMITED (4) ENTANET INTERNATIONAL LIMITED (5) KCOM GROUP PLC (6) ORANGE HOME UK PLC (7) PLUSNET PLC (
THUS PLC (9) TISCALI UK LIMITED
Respondents
ORDER
UPON the Application of the Applicant by Notice dated 16 June 2008; AND UPON hearing solicitors for the Applicant;
AND UPON reading the documents marked in the Court file as having been read and it appearing that there is a prima facie case that each of the subscribers associated with the IP addresses listed in Schedule 1 to this Order have copied the Applicant's work(s) on to his or her personal or office Computer (the "Work(s)") without the Applicant's permission for the purpose of making it available via file sharing Websites for third parties to download, which may give rise to a claim for Copyright infringement;
AND UPON the Applicant undertaking not to disclose to the general public, by making or issuing a Statement to the media, the names or addresses of any person or persons whose identity is made known to the Applicant as a resuit of the grant of the relief ordered below until after the Applicant has began the process of enforcing its Copyright and related rights against such person or persons as contemplated by paragraph one of this Order;
IT IS ORDERED THAT:
The Respondents shall by the dates set out in paragraph 2 disclose to the Applicant's solicitors (if or to the extent known or otherwise available to the Respondents after carrying out a reasonable search) the name and postal address ("personal data") of the registered subscriber or subscribers to each of the Respondents' internet account or accounts that were assigned to the internet protocol address listed in Schedule 1 hereto, on the dates and times shown therein and which relate to the Respondents in
question. Such disclosure shall be in an editable electronic text format by way of Microsoft Excel file in the form submitted by the Applicant to the Respondents.
The date for disclosure of personal data, as regards each Respondent, shall be as follows:
(a) for all Respondents other than Respondent 2, 3 and 7: by 4pm on
Tuesday, 29 July 2008;
(b) for Respondents 2, 3 and 7 : by 4pm on Tuesday, 30 September 2008;
As regards all Respondents other than Respondents 2 and 7:
The reasonable costs of complying with this Order shall be paid by the Applicant to the Respondents in any event;
As regards Respondents 2 and 7:
The Applicant shall pay each of those Respondents' costs (including its solicitors' reasonable costs) of considering the Application, preparing for and attending the hearing (if necessary) and the reasonable costs of complying with this Order shall be paid by the Applicant to each of those Respondents in any event;
As regards all Respondents:
The Respondents shall supply at the same time as complying with paragraphs 1-2 of this Order details of their administrative and legal costs incurred in complying with this Order;
The Applicant be permitted to use documents and information disclosed pursuant to this Order for the purposes of enforcing its Copyright and related rights against all and any persons identified pursuant to this Order;
7. Each Respondent shall within seven days of complying with this Order file and
serve on the Applicant's solicitors a signed witness Statement verified by a
Statement of truth confirming that it has fully complied with the applicable
provisions of this Order;
8. The Applicant and the Respondents have permission to apply.
Dated this 30 June 2008
