Successor to original Newzbin website was set up. Operation of website had moved outside of UK to unknown location, so that English courts no longer had jurisdiction over it. However Fox brought action against BT (largest ISP in Britain) under CDPA 1988 section 97A. BT alleged it had no actual knowledge of anyone using its services to infringe copyright, and thus was not liable.
Held:
· BT had actual knowledge of people using its services to infringe copyright.
Ø i.e. knew its users were using Newzbin to infringe copyright on a large scale
· Thus blocking injunction granted against BT
Ø Thus BT had to block its users from accessing website
