Twentieth Century Fox Film Corporation v Eircom Ltd t/a Eir

• Jurisdiction: Ireland
• Judge: Mr. Justice McGovern
• Judgment Date: 15 January 2018
• Neutral Citation: [2018] IEHC 54
• Docket Number: Record Number: 2017/11701 P
• Court: High Court
• Date: 15 January 2018

[2018] IEHC 54

THE HIGH COURT

McGovern J.

Record Number: 2017/11701 P

BETWEEN:

TWENTIETH CENTURY FOX FILM CORPORATION

UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP

UNIVERSAL CABLE PRODUCTIONS, LLC

WARNER BROS. ENTERTAINMENT INC.

PARAMOUNT PICTURES CORPORATION

DISNEY ENTERPRISES, INC

COLUMBIA PICTURES INDUSTRIES, INC.

SONY PICTURES TELEVISION INC.

PLAINTIFFS

- AND -

EIRCOM LIMITED TRADING AS EIR DIGIWEB LIMITED

IMAGINE TELECOMMUNICATIONS LIMTIED

SKY SUBSCRIBERS SERVICES LIMITED

VIRGIN MEDIA IRELAND LIMITED

VODAFONE IRELAND LIMITED

MAGNET NETWORKS LIMITED

THREE IRELAND (HUTCHISON) LIMITED

THREE IRELAND SERVICES (HUTCHISON) LIMITED

DEFENDANTS

Copyright infringement – Internet service providers – Public interest – Plaintiffs seeking an order under s. 40(5)(a) of the Copyright and Related Rights Act 2000 – Whether the defendant ISPs networks were being used to infringe copyright

Facts: The High Court (McGovern J) held that, having read the affidavits, legal submissions and draft order as well as on hearing counsel for the plaintiffs, Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Universal Cable Productions LLC, Warner Bros. Entertainment Inc., Paramount Pictures Corporation, Disney Enterprises Inc., Columbia Pictures Industries Inc. and Sony Pictures Television Inc., it was satisfied that the defendant ISPs networks, Eircom Ltd trading as Eir, Digiweb Ltd, Imagine Telecommunications Ltd, Sky Subscribers Services Ltd, Virgin Media Ireland Ltd, Vodafone Ireland Ltd, Magnet Networks Ltd, Three Ireland (Hutchison) Ltd and Three Ireland Services (Hutchison) Ltd, were being used to infringe copyright and that the proposed order would have the effect of preventing access to or at least make it difficult to access unlawful material and so, would discourage users from doing so. McGovern J was also satisfied that the order would not place an unreasonable burden on the ISPs and that it would not deprive users from lawfully accessing copyright content on the internet.

Held by McGovern J that he agreed that public policy supports preventing copyright infringement for the reasons set out by Arnold J in The Football Association Premier League Ltd v British Telecommunications Plc & Ors [2017] EWHC 480 (Ch); similar comments were made by Cregan J and Kelly J as well as McGovern J in other similar cases. McGovern J held that there is a significant public interest in preventing the internet from...