Paramount Home Entertainment International v British Sky Broadcasting, High Court
SolarMovie and TubePlus provided access to streamed films and television programmes without the authorisation of the copyright owners. They did not host the material but had a database and availability for users to click on a hyperlink to the content. The sites moderated the links and the content and provided categories.
The High Court has granted an application made by six film studios for an injunction against six leading UK Internet service providers to block the websites. The application was unopposed. The Court had no difficulty in granting the injunction – the two sites were found to be jointly liable for the infringing activity, they had actual knowledge of their sites infringing copyright and it was proportionate for the ISPs to prevent their customers accessing the sites. Most users of the two sites had not just provided a link to the host site but had also uploaded content to the host sites so the combined effect of that amounted to communication to the public, even if the mere provision of a hyperlink did not amount to communication to the public within the meaning of the Copyright Designs and Patents Act.
Injunctions against ISPs have been occurring since an injunction involving the Newzbin website in 2011. Since then, there have been injunctions involving The Pirate Bay and unlawful streaming of FA Premier League football matches. However, the judge pointed out that there was one uncertain point of law which has yet to be resolved – whether the mere provision of a hyperlink would amount to communication to the public.