Twentieth Century Fox v Newzbin Ltd [2010] EWHC 608

• Defendant, Newzbin, was a members-only site with a movies section. Website provided an extensive indexing and search facility, as well as a ‘NZB’ facility which enabled premium members to download the contents of files, including films.

• Claimant alleged that Defendant had authorised infringement of copyright in its films through provision of these facilities.

Held

• On facts: 

  • Once a film was entered into the indexing facility, use of NZB facility would inevitably result in an infringement;

  • NZB facility was created by Defendant and was under Defendant’s control

• Thus a reasonable person would have supposed from Defendant’s activities that Defendant purported to have authority to grant permission to copy films.