The claimant sought damages from the defendants who ran an internet cafe where its visitors downloaded files from the Internet and then copied the files onto CDs, so infringing copyrights owned by the claimants.
Held: The defendants were not paid directly for the copying, but it was part of the charge for the service. Whatever defence might have been available to the private customers under section 70, the intervention for profit by the defendant defeated that defence. Liability for infringement was strict. On a Part 24 hearing, the court should not be told of the existence of a Part 36 offer.
The Honourable Mr Justice Peter Smith
Times 06-Feb-2003
Copyright Designs and Patents Act 1988 17(1) 18(1) 70
England and Wales
Updated: 05 September 2021; Ref: scu.178793
