Thursday 28 July 2011

High Court judge has ruled that BT must block access to a website which provides links to pirated movies.

Newzbin 2 is a members-only site which aggregates a large amount of the illegally copied material found on Usenet discussion forums.

The landmark case is the first time that an ISP has been ordered to block access to such a site.

It paves the way for other sites to be blocked as part of a major crackdown on piracy.

In his ruling, Justice Arnold stated: "In my judgment it follows that BT has actual knowledge of other persons using its service to infringe copyright: it knows that the users and operators of Newbin2 infringe copyright on a large scale, and in particular infringe the copyrights of the Studios in large numbers of their films and television programmes."

He continued: "It knows that the users of Newzbin2 include BT subscribers, and it knows those users use its service to receive infringing copies of copyright works made available to them by Newzbin2."

Creative victory
The Motion Picture Association, which represents a number of movie studios including Warner, Disney and Fox, launched the legal action as a last-ditch attempt to close down Newzbin 2.

Chris Marcich, President and Managing Director (EMEA), MPA said: "This ruling from Justice Arnold is a victory for millions of people working in the UK creative industries and demonstrates that the law of the land must apply online.

This court action was never an attack on ISPs but we do need their co-operation to deal with the Newzbin site which continually tries to evade the law and judicial sanction. Newzbin is a notorious pirate website which makes hundreds of thousands of copyrighted products available without permission and with no regard for the law."

MPA signalled its intention to pursue other ISPs.

Link sites such as Newzbin are gaining popularity as those determined to get their hands on free content move away from traditional peer-to-peer downloading methods.

A previous court case had ruled that Newzbin 2's predecessor must stop linking to free content but a new version of the site was set up outside of the UK's jurisdiction.

Revenge attacks
The judge ruled that BT must use its blocking technology CleanFeed - which is currently used to prevent access to websites featuring child sexual abuse - to block Newzbin.

In an e-mail interview before the verdict, Newzbin 2 threatened to break BT's filters.

"We would be appalled if any group were to try to sabotage this technology as it helps to protect the innocent from highly offensive and illegal content," said a spokesman for BT.

The Internet Service Providers' Association has been a fierce critic of web blocking.

It said that using blocking technology, designed to protect the public from images of child abuse, was inappropriate.

"Currently CleanFeed is dealing with a small, rural road in Scotland," ISPA council member James Blessing told BBC Radio 4's PM programme.

"Trying to put Newzbin and other sites into the same blocking technology would be a bit like shutting down the M1. It is not designed to do that."

The crackdown on piracy has gained new urgency in recent months.

Pressure from rightsholders forced new legislation on the issue.

The UK's controversial Digital Economy Act makes provisions for tough action against those who downloading pirated music and films - initially sanctioning a letter-writing campaign asking them to desist.

BT and TalkTalk called for a judicial review of the DEA, saying the legislation was rushed through parliament and was unenforceable but a judge ruled that it could go ahead.

Court action could be taken against individuals who ignore written warnings and 'technical measures' including disconnecting someone from the web could also follow.

The government is also considering the feasibility of more widespread site blocking.