- Step 1 - That the plaintiffs would furnish all relevant infringement information to the defendant and that the plaintiffs would bear the cost of this process.
- Step 2 - That the defendant, when it receives a first copyright infringement notification from the plaintiffs, would send its subscribers a letter setting out the infringement and requesting him/her to cease and desist.
- Step 3 - That the defendant where it receives a second copyright infringement notification would send a second letter to its subscriber requesting him/her to cease and desist.
- Step 4 - That the defendant, where it receives a third copyright infringement in respect of a subscriber from the plaintiffs, would send to the plaintiffs a notification that a subscriber account has been the subject matter of three such notifications.
- Step 5 - The plaintiffs, having been informed of a third copyright infringement notification and having been informed of the relevant IP addresses etc, could make a Norwich Pharmacal type application to ascertain the subscriber’s identity and address and the plaintiffs could then seek an order under s.40 (5A) for the suspension and/or termination of the subscriber’s service. Such applications would not be opposed or consented to by the defendant and the defendant would not seek its costs.
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