Order of the Presiding Judge of the Regional Court in Warsaw 20th Commercial Division of 7th September 2016
XX GC 1004/12

1. To amend the order of 29^th August 2016 by way of ordering under Article 11 (1-3) of the Act on Pursuing Claims in Group Proceedings an announcement on the opening of group proceedings, with the content which follows below.
2. Post the announcement on opening of group proceedings in the printed and online version of the “(…)” daily.
3. To obligate the claimant’s representative to pay PLN 7,183.20 (in words: seven thousand one hundred and eighty-three zloty and 20/100) as an advance payment for the announcement on the opening of group proceeding within 14 days as of the date of receipt of the summons.
4. (…)

                                                                            Maciej Kruszyński, Regional Court Judge

ANNOUNCEMENT ON OPENING OF GROUP PROCEEDINGS

Under the provisions of the Polish Act on Pursuing Claims in Group Proceedings, a class action filed by (…) with its Registered Office in W. against (…) (in the Czech Republic), file ref. no. XX GC 1004/12 has been initiated before the Regional Court in Warsaw 20^th Commercial Division, with 12 members of the group: (…)

(…) in W., as the representative of the group requested:

1. that the defendant be banned from applying the “File Exchange System” on the (…).pl website administered thereby, the application causing or leading to an infringement of the group members’ property copyright;
2. ordering the defendant (…) Limited that should it acquire the knowledge or reliable information that a specific work is unlawfully distributed by chomikuj.pl, to prevent access to all the files which contain the work to all parties save for the user who was the first person to post the file on the website;
3. ordering the defendant (…) that should it acquire knowledge or reliable information that a specific file is unlawfully distributed by chomikuj.pl, it shall prevent access to all identical copies of the files, even though if the name of the copy is not identical with the name of the file itself to all parties save for the user who was the first person to post the file on the website.

The Claimant defined the “File Exchange System” as the following elements of the (…).pl website:

1. a function of granting points (awards) to users of the (…).pl website for each file download from their account or from the account of such a member who “hamstered” the file;
2. the function of file “hamstering” – facilitating immediate file copying between users;
3. the function of “folder hamstering” enabling the users to hamster entire folders regardless of their content and size;
4. the function of “folder download” enabling the users to download entire folders, regardless of their size;
5. computer program (…) facilitating the downloading of the content posted on (…).pl website;
6. a file search engine on (…).pl website;
7. the function of transferring the obtained points between accounts, facilitating  the turnover of points between the users;
8. the function of browsing contents of files with books and films without downloading them (the “play” function);
9. the Partner Program which enabled the users to earn money by promoting the (…).pl website (eliminated in May 2012).

Each person whose property copyrights have been infringed as a result of using the above-mentioned functions, jointly referred to as the “File Exchange System”, may join the group which now consists of 12 members.

Each person whose claim might be pursued in these particular group proceedings may join the group by submitting a written declaration on joining the group in an non-extendible period of 1 month as of the publication of the announcement. The declaration shall be sent to the legal representative of the representative of the group –A.W., attorney-at-law, (…) Law Office with its registered office in W., ul. (…), 00-633 in W. Joining the group shall be inadmissible upon the lapse of the above–mentioned deadline.

(…)