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

JurisdictionIreland
CourtHigh Court
JudgeMr. Justice David Barniville
Judgment Date15 June 2020
Neutral Citation[2020] IEHC 332
Docket NumberRecord No. 2019/5278P
Date15 June 2020
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...

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3 cases
  • Union Des Associations Europeennes De Football v Eircom Ltd T/A Eir
    • Ireland
    • High Court
    • 29 September 2020
    ...the 2019/2020 FA Premier League season and for the 2020/2021 season: The Football Association Premier League Limited v Eircom & Others [2020] IEHC 332 (“ 10 Similar orders have been made in the Courts of England and Wales in favour of this Plaintiff (UEFA) and others in Union Des Associatio......
  • Union Des Associations Européennes De Football v Eircom Ltd Trading as Eir
    • Ireland
    • High Court
    • 14 July 2021
    ...Sony itself, by Haughton J. in FAPL1 and indeed by me in my judgment in The Football Association Premier League Ltd v Eircom Ltd & Ors [2020] IEHC 332 (“ FAPL2”) and in my judgment in UEFA1 where it was said that reviews can be very 14 . I think, therefore, that the provision for review, ce......
  • The Football Association Premier League Ltd v Eircom Ltd Trading as Eir
    • Ireland
    • High Court
    • 22 June 2021
    ...the Order to 30th June 2021. I gave an ex-tempore judgment in the matter, The Football Association Premier League Ltd v Eircom Ltd & Ors [2020] IEHC 332 (“ 4 . In my judgment, I referred to the judgment of Haughton J. who, in turn, had referred to and applied the principles for “blocking In......

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