D, 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. C alleged that D had authorised infringement of copyright in its films through provision of these facilities. Held:
· See notes.
· On facts,
Ø once a film was entered into the indexing facility, use of NZB facility would inevitably result in an infringement;
Ø NZB facility was created by D and was under D’s control
· Thus a reasonable person would have supposed from D’s activities that D purported to have authority to grant permission to copy films.