| Commentary

40.5.2 Newzbin

| Commentary

40.5.2 Newzbin

In Twentieth Century Fox Film Corporation v Newzbin Ltd1, the High Court held that the defendant had communicated films to the public by making the claimants’ copyright-protected films available to its website members.

The defendant’s website (known as Newzbin) indexed and enabled members to search for binary (ie non-text) content, including unlawful copies of films, posted on the Usenet public bulletin board. It provided a facility enabling its ‘premium members’ to download such content in the form of files that could be burned to a disc. It was clear that the ‘premium members’ had downloaded the claimants’ films and

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