The Football Association Premier league Ltd v Eircom Ltd (Trading as Eir) and Others

• Jurisdiction: Ireland
• Judge: Mr. Justice David Barniville
• Judgment Date: 15 June 2020
• Neutral Citation: [2020] IEHC 332
• Date: 15 June 2020
• Docket Number: Record No. 2019/5278P
• Court: High Court

BETWEEN

THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED

PLAINTIFF

AND

EIRCOM LIMITED TRADING AS EIR

SKY IRELAND LIMITED

SKY SUBSCRIBERS SERVICES LIMITED

VIRGIN MEDIA IRELAND LIMITED

VODAFONE IRELAND LIMITED

DEFENDANTS

[2020] IEHC 332

David Barniville J.

Record No. 2019/5278P

HIGH COURT

COMMERCIAL

Extension – Injunctive relief – Copyright – Plaintiff seeking to extend the order of the High Court granting relief as against the defendants – Whether the extension of the order on the terms sought was necessary to protect the plaintiff’s copyright

Facts: The plaintiff, The Football Association Premier League Ltd, applied to the High Court for various orders which were sought in a notice of motion dated 10th June 2020. The plaintiff sought to extend the order of Haughton J (dated 15th July 2019) (the 2019 Order), in which the High Court granted relief as against the defendants, Eircom Ltd trading as Eir, Sky Ireland Ltd, Sky Subscribers Services Ltd, Virgin Media Ireland Ltd and Vodafone Ireland Ltd, in the form of a ‘live blocking’ injunction against internet service providers pursuant to s. 40(5A) of the Copyright and Related Rights Act 2000. The application was to extend the operation of the 2019 Order for the remainder of the 2019/2020 season and the 2020/2021 season.

Held by Barniville J that he was satisfied on the evidence that the 2019 Order should be extended on the same basis and for the same reasons as were outlined by Haughton J in his judgment. Barniville J accepted that the extension of the 2019 Order on the terms sought was necessary to protect the plaintiff’s copyright. Barniville J held that the evidence showed that there was a low risk of “over-blocking” and that any legitimate rights of internet users were fully respected. He also accepted that the extension of the 2019 Order sought was consistent with the judgment of the Court of Justice of the European Union in Spiegel Online GmbH v Beck (C-516/17) in that the Order strikes a “fair balance” between the plaintiff and internet users. Barniville J held that paragraph 10 of the 2019 Order should be continued with the extension of the Order i.e. the notification requirement on the part of the defendants to publish a statement to its customers regarding blocked internet servers would be continued.

Barniville J held that paragraph 1(b) of the Draft Order should be amended from “All reference to Confidential Exhibit JNF6 in the 2019/2020 Order is substituted Confidential Exhibit GD3 of this Order...” to “All reference to Confidential Exhibit JNF6 in the 2019/2020 Order are substituted by references to Confidential Exhibit GD3 of this Order...”. Barniville J also granted liberty to apply to the plaintiff specifically to update Schedule 1 of the Order when the fixture list for the 2020/2021 season was announced if it believed this was necessary. Barniville J held that there would be no order as to costs.

Extension granted.

Ex tempore Judgment of Mr. Justice David Barniville delivered on 15 June 2020

1 This is an application by the Plaintiff, The Football Association Premier League Limited, for various orders which are sought in a notice of motion dated 10th June 2020. The Plaintiff seeks to extend the Order of Haughton J. (dated 15th July 2019) (the “2019 Order”), in which the High Court granted relief as against the Defendants in the form of a ‘live blocking’ injunction against internet service providers pursuant to section 40(5A) of the Copyright and Related Rights Act 2000 (the “2000 Act”).

2 The position of the Defendants in response to the application, as set out in correspondence and confirmed to the Court today, may be fairly summarised as follows:

(a) Eircom Limited - it is neutral in respect of the application;

(b) Sky...