Warner Bros. studios in Hollywood. Film studios has won a landmark UK High Court ruling that strengthens BT block access to file sharing site Newzbin2. Photo: Kevork Djansezian/APHollywood film studios won a landmark UK High Court ruling Thursday BT forces block access to an illegal file sharing website accused of operating "on a grand scale".
Motion Picture Association, the trade body, whose members include Warner Bros., Fox, Disney and Paramount Pictures, has been awarded an order requiring BT — the UK's largest internet service provider — to block its customers access to the website Newzbin2.
Thursday judgment will be seen by the creative industries as a milestone that could set a precedent for widespread blocking by file sharing illegal websites by Internet service providers, helping to stem the flow of digital piracy in the United Kingdom.
"In my judgment, it follows that BT has actual knowledge of the other people who use its service of infringing copyright: it knows that users and operators of Newzbin2 infringe copyright on a large scale, and in particular infringe copyright studios in large number of their films and tv programs," said Justice Arnold in his judgment by the high court in London.
"[BT] know that the users of Newzbin2 includes BT subscribers, and it is by these users are using its service to receive illegal copies of copyrighted works available to them at Newzbin2," Arnold added.
BT had argued that force it to prohibit its 6 million UK customers from accessing a site will initiate a new wave of online censorship.
However, claims the creative industries Web site blocks could save them hundreds of millions of pounds of illegal downloads.
MPA said that Newzbin2 make illegal copies of tv shows and movies, and receive in excess of £ 1 m a year from its 700,000 users.
"This ruling by Justice Arnold is a victory for millions of people who work in the UK creative industries and demonstrates that legislation in the country is to apply online," said Chris Marcich, MPA Executive Director for Europe, Middle East and Africa. "This trial was never an attack on internet service providers, but we need their cooperation to manage your site Newzbin, which constantly tries to circumvent the law and judicial sanction."
Film Industry fight to block the Newzbin stretches back to March last year when the high court ordered the site to take down all its pirated material and pay compensation to their studies.
The three men behind Newzbin Ltd – Chris Elsworth, Thomas Hurst and Lee Skillen – sold all their shares in the company of David Harris shortly before his trial. Newzbin Ltd went into administration soon after reigning and avoided the big payouts.
Months later appeared a clone site operating anonymously from Sweden. Rightholders said they had no choice but to force BT to block UK users ' access to the site, said all other legal avenues had been exhausted.
Simon Milner, Director of industry policy on the BT Group, said the latest verdict means right holders now have to prove in court that a site violates copyright until it is blocked.
Milner added that the sentence brings the digital economy Act voluntary blocking scheme, drawn up on the industry roundtable meetings earlier this year with Ed Vaizey, minister of culture, in a precarious position.
"[Judgment] is actually useful and we welcome it because it clarifies a complex area of law and demonstrates that rights holders can use the copyright laws in this country. This means they have to convince a website violates [a] Court and obtain a court order, "he said.
Milner did not disclose how much it will cost internet providers such as BT to block offensive websites.
Other ISPs, including TalkTalk and Virgin Media, refused to join the BTS fight against movie studios, the Court was told in June.
Speaking after Thursday's ruling, said a spokeswoman for TalkTalk reigning had "no direct or immediate" impact on Internet service provider (ISP), the second largest in the United Kingdom, but that it would consider the Court similar orders brought by movie studios against it.
Internet service providers Association, which represents Britain's internet service providers, said: "Concerns about above-blocking, ease of circumvention and enhanced encryption is widely recognised as the means that blocking is not a silver bullet to stop online copyright infringement."
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