The High Court has granted UEFA an injunction requiring five internet service providers to block access to specified IP addresses used to stream UEFA matches without permission. The order applies during the 2020/2021 football season, including the postponed UEFA EURO 2020 tournament, which was due to take place in 2021.
Mr Justice David Barniville made the order on 29 September 2020 after hearing UEFA’s application under section 40(5A) of the Copyright and Related Rights Act 2000. The judgment says the injunction targets servers used, or apprehended to be used, by non-parties to make UEFA copyright works available to the public. The order’s terms were to be set out in an appendix to the judgment.
The defendants were Eircom Limited trading as Eir, Sky Ireland Limited, Sky Subscribers Services Limited, Virgin Media Ireland Limited and Vodafone Ireland Limited. Eir, Virgin Media and Vodafone took a neutral position, while the two Sky companies supported the application. The judge noted that the providers were “mere conduits” and were not alleged to have infringed copyright themselves.
UEFA’s evidence, which the judge said was undisputed and accepted, described unauthorised streaming of live matches through servers and streaming devices. A confidential traffic analysis showed illegal UEFA content being watched by Irish viewers using the Sky network. The judge said the evidence did not suggest the position differed on the other providers’ networks.
The court concluded the order was necessary to protect UEFA’s copyright and was an appropriate way to address live streams, whose value was greatest while matches were being broadcast. It was satisfied the draft order included safeguards against over-blocking and required customer notification, including notice of the right to apply to vary or discharge the order.
The proceedings were to be stayed until 31 July 2021 or the day after the last match period of the 2020/2021 UEFA competition season, whichever was later. The judge said the duration was reasonable and that the order struck a fair balance between UEFA’s rights and internet users’ rights. Costs and cost-sharing issues were not considered on the facts of this application.