“… where a person establishes infringement of copyright and a threat to continue infringement, an injunction will in the ordinary case be granted without restriction. … But the court, when granting an injunction, is still required to exercise a discretion and in so doing there could be circumstances where restriction or refusal of an injunction would be warranted.”
“… whenever a court at the end of a trial grants permanent injunctive relief, the purpose should be to give effect to its judgment on liability … The injunction granted should protect the plaintiff from a continuation of the infringements of his rights by the threatened activities of the defendant. But the injunction must also be fair to the defendant.” “… Normally, when a defendant has infringed, the court will assume it is not a one-off activity and will grant an injunction to stop repetition. This course is not inevitable. In a few cases courts have concluded that even though infringement has occurred, no future threat exists. In such cases, injunctive relief has been refused …”
“I have no doubt that the court has jurisdiction to grant a publicity order in favour of a non-infringer who has been granted a declaration of non-infringement. A declaration is a discretionary, equitable, remedy. The injunction is an adjunct to the declaration. It will not always be appropriate to grant it. Whether or not it is depends on all the circumstances of the case – as I said earlier where there is a real need to dispel commercial uncertainty. It is that test I propose to apply here.”
“A harmonised legal framework on copyright and related rights, through increased legal certainty and while providing for a high level of protection of intellectual property, will foster substantial investment in creativity and innovation, including network infrastructure, and lead in turn to growth and increased competitiveness of European industry, both in the area of content provision and information technology and more generally across a wide range of industrial and cultural sectors. This will safeguard employment and encourage new job creation.”
“It might (or might not) have been open to the judge to put Focus to an election: to require Focus either to make a positive case as to copying or to accept that the court would try only the single issue whether Focus had made an assertion of infringement, with the consequence that (if Point were successful on that issue) Focus would be required to withdraw (and not repeat) that assertion. Without deciding whether that course would have been open to the judge in this case, I can see some attraction in a ‘put up or shut up’ order in circumstances where one party seeks to spread it around the market by innuendo that another party (a competitor) is infringing its copyright, with the obvious purpose of putting that other party at a commercial disadvantage. And, in that context, I would respectfully endorse Mr Justice Lightman's observation, in L'Oreal (UK) v Johnson & Johnson ([2000] FSR 686 , 696), that: ‘where a person in the position of the defendants sets out to write a clever letter designed to be close to the line between what is and what is not a threat or adverse claim, he should not be surprised if the Court holds that it is at least arguable that there is a threat or adverse claim’. Although L'Oreal was a trademark case – so that there was a statutory power to grant a declaration undersection 21 of the Trade Marks Act 1994 – the principle seems to me equally apposite in a copyright case where the court's inherent jurisdiction is invoked.”
“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”
“the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”
“the question depends on an exacting analysis of the factual case advanced in defence of the measure, in order to determine (i) whether its objective is sufficiently important to justify the limitation of a fundamental right; (ii) whether it is rationally connected to the objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and to the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community. These four requirements are logically separate, but in practice they inevitably overlap because the same facts are likely to be relevant to more than one of them.”
“This case is concerned with the problems which arise from the publication of factual statements which are not correct – i.e. do not conform to the truth. This case is not concerned with freedom of expression and opinion. The citizen is at liberty to comment and take part in free discussion. It is of fundamental importance to a free society that this liberty be recognised and protected by the law. The liberty to communicate (and receive) information has a similar place in a free society but it is important always to remember that it is the communication of information not misinformation which is the subject of this liberty. There is no human right to disseminate information that is not true. No public interest is served by publishing or communicating misinformation. The working of a democratic society depends on the members of that society being informed not misinformed. Misleading people and the purveying as facts statements which are not true is destructive of the democratic society and should form no part of such a society. There is no duty to publish what is not true: there is no interest in being misinformed. These are general propositions going far beyond the mere protection of reputations.” (Emphasis added.)
“It is uncontroversial that there can be no public interest in the publication of false information”; and by Tugendhat J in Tesla Motors Ltd & Anor v BBC[2012] EWHC 310 (QB) at [43], where he stated: “There is no public interest in the dissemination of malicious falsehoods, and so Art 10 is not engaged.”
“19. The principle of freedom of expression, recognised by English law for centuries, provides that there shall be no interim injunction granted to restrain a threatened publication, if there is any basis upon which a court might decide at a trial that the threatened publication may be lawful. So if it is arguable that the threatened publication may not be defamatory, or if there is material before the court which could form the basis of a defence of any kind, no injunction will be granted before a final judgment is entered. This principle is commonly known in England as the rule in Bonnard v Perryman[1891] 2 Ch 269 (a nineteenth century case in which this much older principle was re-affirmed). … 22. On the other hand, once a final judgment has been entered, whether after a trial, or summarily, a defendant's right to freedom of expression does not preclude the grant of an injunction. On the contrary, a claimant who succeeds in obtaining a final judgment is normally entitled to a permanent injunction to vindicate the right that he has proved that he has. 23. Freedom of expression is valued, amongst other reasons, because it tends to lead to discovery of the truth: R v Secretary of State for the Home Department ex parte Simms[2000] AC 115 , 126E-G. So where a defamatory allegation has been proved to be false (as has happened in the present case) there is no public interest in allowing it to be republished, and a strong public interest in preventing the public from being further misinformed. Final or permanent injunctions have been routinely granted after final judgments.”
“an injunction may be granted to protect the process of the English court, and in particular to prevent the re-litigation abroad of issues which have been (or should have been) the subject of decision in England.”
“85. I agree with both judgments. I would only add one point, just in case the heinous nature of what Mr Price and Mr Middleton have done is lost in the meticulous detail of the two main judgments above. It appears from what the judge found that (a) Mr Price deliberately instigated a false claim in the High Court founded on an allegation that he was the proprietor of the patents, when he was not, and (b) Mr Middleton deliberately supported that false claim. The court takes a very serious view of dishonest conduct of this kind. It undermines the integrity of the justice system. 86. Whilst Summers was a different kind of case on the facts as has been pointed out, the following part of what Lord Clarke said in Summers at [53] was relevant here: As to costs, in the ordinary way one would expect the judge to penalise the dishonest and fraudulent claimant in costs. It is entirely appropriate … to order the claimant to pay the costs of any part of the process which have been caused by his fraud or dishonesty and moreover to do so by making orders for costs on an indemnity basis. Such cost orders may often be in substantial sums perhaps leaving the claimant out of pocket. It seems to the court that the prospect of such orders is likely to be a real deterrent. 87. That was why the judge was right to order Mr Price to pay Flitcraft's costs on the indemnity basis, and to penalise Supawall in costs for Mr Middleton's false evidence. The court will take every appropriate step to deter those who contemplate bringing false claims, and thereby practising an intolerable deception on the court itself.”
“What matters is not to give up.”
“judge only needs one troll to pass judgment… just waiting for a volunteer to bankrupt themselves trying to prove a negative.”
“We crush McCormick Then, take a few more Then a few more…” “And, they hide in fear” “They run” “They find that being an ass online has a cost”
‘Notwithstanding the orders made above, it shall not in any event be a breach of any of those orders for the Defendant to take any of the following steps: (a) to pursue any appeals process or processes in respect of orders made in the present proceedings; (b) to defend any civil contempt application or civil contempt proceedings in connection with the subject-matter of the present proceedings; (c) to defend any criminal prosecution which might be brought against him in connection with the subject-matter of the present proceedings; (d) to pursue any appeals process or processes in the case of Ira Kleiman and W&K Info Defense Research LLC v Craig Wright (Case No. 18-CV-80176 – US District Court, Southern District of Florida); or (e) to take any preparatory or ancillary action relating to the steps set out at (a) to (d) above (including, without limitation, seeking legal advice, litigation funding, evidence or other assistance in such matters). (f) any step for which Dr Wright has obtained the prior permission of this Court in an Order following an application supported by evidence made with at least 14 days written notice to COPA and the represented parties.’
‘Subject to the provisions of [the qualifications paragraph], each of Dr Wright and any of his companies including Wright International Investments Limited (‘WII’), Wright International Investments UK Limited (‘WIIUK’) and Tulip Trading Limited shall not commence or procure the commencement by any other person of any proceedings (whether by claim or counterclaim) in the Courts of England & Wales, the Courts of any foreign jurisdiction or in any arbitral tribunal (wherever seated) any proceedings of any of the following kinds (‘Precluded Proceedings’):’
‘Subject to the provisions of [the qualifications paragraph], each of Dr Wright and any of his companies including Wright International Investments Limited (‘WII’), Wright International Investments UK Limited (‘WIIUK’) and Tulip Trading Limited shall not threaten (explicitly or implicitly) or procure any other person to threaten (explicitly or implicitly) that any Precluded Proceedings will be pursued against any person in the Courts of England & Wales, the Courts of any foreign jurisdiction or in any arbitral tribunal (wherever seated).’
‘COPA is a non-profit community of people and companies formed to encourage the adoption and advancement of cryptocurrency technologies and to remove patents as a barrier to growth and innovation. The success of cryptocurrency depends on the community coming together to build and develop upon existing technologies to innovate, which is not possible when parties tie up the technologies in patents and litigation.’
‘3. Subject to the provisions of [the qualification paragraph] below, each of Dr Wright, WII and WII UK shall not assert, and shall not cause, encourage or permit any other person to assert that Dr Wright, WII and/or WII UK possesses rights (whether legal or equitable, whether founded on common law, statute or other basis and whether or not the rights are known to English law) based wholly or partly on any one or more of grounds set out in any of sub-paragraphs 1(a)(i) to 1(a)(x) above.’
‘Dr Wright, WII and WII UK shall at their own expense delete, remove or obscure all published statements bearing the meanings set out in paragraph 4(a) to (k) above, to the extent that they are able to do so, by [date – 14 days from the date of order]. For the avoidance of doubt, this shall include (without limitation) removing such statements from websites, blog posts and social media accounts to the extent possible. By [date – 28 days from the date of order], Dr Wright, WII and WII UK shall serve a witness statement on the other parties confirming compliance with this provision.’
‘….we accept that it can be appropriate to take into account the general character of the views whose expression the Convention is being invoked to protect. For instance, political and economic views are at the top end of the scale, and pornography and vapid tittle-tattle is towards the bottom. In this case, the Judge accepted that the topics of concern to the Occupy Movement were “of very great political importance”—[2012] EWHC 34 (QB) at [155]. In our view, that was something which could fairly be taken into account. However, it cannot be a factor which trumps all others, and indeed it is unlikely to be a particularly weighty factor: otherwise judges would find themselves according greater protection to views which they think important, or with which they agree.’
‘There is one other claim which has been brought to my attention: the COBRA claim (IL-2021-000008) in which Dr Wright sued unnamed defendants as ‘The person or persons responsible for the operation and publication of the website www.bitcoin.org (including the person or persons using the pseudonym ‘CBRA’)’
‘I've received a death threat from someone associated with the BSV community. This person somehow discovered one of my business numbers, called me up, and made clear they would "shoot me point-blank" once they find my personal information.’
‘@JimmyWinSV @CalvinAyre: Shame on you for not speaking up against this behaviour. Shame on you for putting "bounties" on people's personal information as you have done in the past. This is unacceptable. This is crypto, not fucking mafia, are you people sick in the head?’
‘Authorities have been informed CSW has said some very scary things, he has described his actions as “Jihad”, and has said he will hire private investigators to find dirt on his enemies, this was said last week in Slack channels. I hope this stops now. Enough.’
‘and this will stop as soon as you stop attacking Satoshi, the father of this industry Dr Craig Wright.’