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Section 97A enables a time and cost efficient procedure to deal with applications for blocking orders: there is no need to obtain a judgment against the website first.

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An order for final injunctive relief pursuant to section 97A can be granted by the court on the basis of an application to the High Court and without a full trial.In granting the injunction sought, Arnold J made a number of key findings both in respect of the procedure to be adopted and the evidential hurdles to be satisfied.ДЄs to procedural considerations, the judgment confirmed that: The case encapsulated the difficulties of enforcing copyright law against the operators of infringing websites. That site (which began operating on or around ) was in all material respects the same as the original Newzbin site, although its operation had moved offshore. The target of the order sought was the Newzbin2 website. The Newzbin2 judgment was the first UK decision to consider the High CourtвЂ™s power to grant an injunction against an Internet service provider (ISP) whose service is being used to infringe copyright. The case also confirmed that liability for communication to the public may be established where the site does not actually transmit content but actively intervenes to make available protected content hosted elsewhere. It confirmed that the operators of websites that have a close connection with their users that focus on infringing content that can control what content their users can obtain and that can take active steps to prevent infringement are likely to be regarded as infringers. Significantly, the case demonstrated the courtвЂ™s willingness to apply copyright law to the online environment so as to give protection to content owners. procuring copyright infringement or engaging in a common design to infringe copyright.Kitchin J held that Newzbin Limited infringed the claimantsвЂ™ copyrights in three ways:

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Newzbin significantly simplified this cumbersome process by providing NZB files, which enabled users to download selected content indexed on the Newzbin site at the click of a button. A user wishing to download a copy of a film from Usenet must therefore identify, download and assemble each component part. Non-text files (such as films) posted to Usenet are encoded and the data split into a significant number of messages (typically hundreds or thousands).

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The claimant film studios contended that the Newzbin site was focused on film and TV content, the overwhelming majority of which was commercially available and therefore very likely to be copyright protected. Newzbin Limited (the operator of the site) claimed it was the Google of Usenet and that it indiscriminately searched for and indexed copyright content posted to Usenet to make that content accessible. Newzbin was a Usenet indexing website вЂ“ it searched for, indexed and categorised content posted to Usenet service providers.

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This second blog in our site blocking series focuses on Newzbin2 вЂ“ the case that confirmed that injunctive relief could be obtained against an online intermediary requiring it to take steps to address online piracy. For information on the legal background of section 97A CDPA and the elements that must be proven, please see our site blocking introduction.

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