Disney v M1: Copyright Infringement & Blocking Orders for Online Film Piracy
Disney Enterprises, Inc. and others sued M1 Ltd and others in the High Court of Singapore, seeking blocking orders against network service providers to disable access to websites infringing copyright in their films. The court, presided over by Lee Seiu Kin J, granted the plaintiffs' application, including a dynamic injunction with modified terms, finding that the procedural and substantive requirements of the Copyright Act were met and that the orders were reasonable steps to disable access to flagrantly infringing online locations.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Blocking orders granted to the plaintiffs, including a dynamic injunction with modified terms.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court grants blocking orders under Copyright Act to disable access to websites infringing film copyrights, addressing circumvention tactics.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| SingNet Pte Ltd | Defendant | Corporation | Orders Granted Against | Lost | |
| ViewQwest Pte Ltd | Defendant | Corporation | Orders Granted Against | Lost | |
| Disney Enterprises, Inc. | Plaintiff | Corporation | Orders Granted | Won | |
| Twentieth Century Fox Film Corporation | Plaintiff | Corporation | Orders Granted | Won | |
| Paramount Pictures Corporation | Plaintiff | Corporation | Orders Granted | Won | |
| Columbia Pictures Industries, Inc. | Plaintiff | Corporation | Orders Granted | Won | |
| Universal City Studios Productions LLLP | Plaintiff | Corporation | Orders Granted | Won | |
| Warner Bros. Entertainment Inc. | Plaintiff | Corporation | Orders Granted | Won | |
| M1 Limited | Defendant | Corporation | Orders Granted Against | Lost | |
| M1 Net Ltd | Defendant | Corporation | Orders Granted Against | Lost | |
| MyRepublic Limited | Defendant | Corporation | Orders Granted Against | Lost | |
| Singtel Mobile Singapore Pte Ltd | Defendant | Corporation | Orders Granted Against | Lost | |
| Starhub Internet Pte Ltd | Defendant | Corporation | Orders Granted Against | Lost | |
| Starhub Mobile Pte Ltd | Defendant | Corporation | Orders Granted Against | Lost | |
| Starhub Online Pte Ltd | Defendant | Corporation | Orders Granted Against | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
4. Facts
- Plaintiffs own copyrights in numerous cinematograph films.
- Defendants are network service providers in Singapore.
- Plaintiffs sought blocking orders against 53 online locations providing access to films without consent.
- The 53 online locations were accessible via Fully Qualified Domain Names (FQDNs).
- Plaintiffs sought a main injunction to block access to the 53 websites.
- Plaintiffs sought a dynamic injunction to block new FQDNs providing access to the same websites.
- The defendants did not raise any objections to the plaintiffs’ application.
5. Formal Citations
- Disney Enterprises, Inc and Others v M1 Ltd and others, , [2018] SGHC 206
- Disney Enterprises, Inc and Others v M1 Ltd and others, 95 of 2018, Originating Summons No 95 of 2018
6. Timeline
| Date | Event |
|---|---|
| Affidavit of Oliver James Walsh dated | |
| Plaintiffs’ written submissions dated | |
| Hearing on | |
| Affidavit of Michael Kwan Yuk Kwan dated | |
| Plaintiffs’ supplemental written submissions dated | |
| Further submissions on | |
| Judgment issued |
7. Legal Issues
- Copyright Infringement
- Outcome: The court found that the online locations were flagrantly infringing online locations (FIOLs) as defined under the Copyright Act.
- Category: Substantive
- Sub-Issues:
- Facilitating copyright infringement
- Communication to the public without license
- Site Blocking Orders
- Outcome: The court granted the blocking orders, including a dynamic injunction, finding that they were reasonable steps to disable access to the FIOLs.
- Category: Procedural
- Sub-Issues:
- Reasonable steps to disable access
- Dynamic injunctions
- Notice requirements
- Jurisdiction to Issue Dynamic Injunction
- Outcome: The court held that it had the jurisdiction to issue a dynamic injunction under s 193DDA of the Copyright Act.
- Category: Jurisdictional
8. Remedies Sought
- Blocking Orders
- Injunctions
9. Cause of Actions
- Copyright Infringement
10. Practice Areas
- Copyright Infringement
- Site Blocking Orders
11. Industries
- Film
- Telecommunications
- Internet
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Twentieth Century Fox Film Corporation and others v British Telecommunications plc (No 2) | English High Court | Yes | [2012] 1 All ER 869 | United Kingdom | Cited for granting dynamic injunctions to combat online piracy. |
| Cartier International AG and others v British Sky Broadcasting Ltd and others | English Court of Appeal | Yes | [2017] 1 All ER 700 | United Kingdom | Cited for the inclusion of a provision for right-holders to notify additional IP addresses or URLs to the ISPs in respect of the websites which have been ordered to be blocked. |
| Roadshow Films Pty Limited v Telstra Corporation Ltd | Federal Court of Australia | Yes | [2016] FCA 1503 | Australia | Cited for the Australian court's contrary view on dynamic injunctions, requiring parties to apply to court to vary the original site-blocking order. |
| Roadshow Films Pty Limited v Telstra Corporation Limited | Federal Court of Australia | Yes | [2018] FCA 582 | Australia | Cited as an example of the Australian approach to site-blocking orders. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Copyright Act (Cap. 63) | Singapore |
| Copyright Act (Cap. 63) s 193DDA | Singapore |
| Copyright Act (Cap. 63) s 130 | Singapore |
| Copyright Act (Cap. 63) s 193A | Singapore |
| Copyright Act (Cap. 63) s 193DB(3) | Singapore |
| Copyright Act (Cap. 63) s 193DDC | Singapore |
| Copyright Act (Cap. 63) s 83 | Singapore |
| Copyright Act (Cap. 63) s 103(1) | Singapore |
| Copyright Act (Cap. 63) s 26(1) | Singapore |
| Copyright Act (Cap. 63) s 31(1) | Singapore |
| Copyright Act (Cap. 63) s 193DDB | Singapore |
| Remote Gambling Act 2014 (Act 34 of 2014) | Singapore |
| Copyright, Designs and Patents Act 1988 (c 48) (UK) s 97A | United Kingdom |
15. Key Terms and Keywords
15.1 Key Terms
- Flagrantly Infringing Online Locations
- FIOLs
- Blocking Orders
- Dynamic Injunction
- Fully Qualified Domain Names
- FQDNs
- Network Service Providers
- Copyright Infringement
- Domain Name System Blocking
- URL Filtering
- IP Address Blocking
15.2 Keywords
- Copyright Infringement
- Site Blocking
- Dynamic Injunction
- Online Piracy
- Network Service Providers
- Copyright Act
- Singapore
- Film Industry
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Copyrights | 95 |
| Blocking orders | 80 |
| Remedies | 60 |
| Administrative Law | 25 |
16. Subjects
- Copyright
- Internet Law
- Civil Procedure