Case Update – Fapl V. Luxton
This representative update from David Liao
Earlier this calendar month the appeal to The Football Association Premier League Limited five Anthony William Luxton was dismissed. In the latest representative against publicans who utilisation unusual decoder cards, the Court maintained the distinction betwixt the lawful enforcement of intellectual belongings rights from whatever alleged anti-competitive agreements betwixt FAPL in addition to unusual broadcasters to throttle the provide of unusual commercial cards exterior the territory inward which that broadcaster operates.
Background:
In 2014, summary judgment was awarded against Mr Anthony Luxton, who used a satellite carte du jour from a Danish broadcaster to exhibit football game matches to customers who frequented his world trouble solid inward Swansea. Despite Mrs Justice Rose expressing trouble concern that the condition quo of territorial protection inward relation to broadcast licences appeared to last maintained nevertheless the previous ruling of the CJEU inward Premier League v. QC Leisure, she held that, equally QC Leisure had effectively decided the plea inward this defence, FAPL had a correct to preclude the unauthorised communication of its copyright (see here for previous coverage on the High Court case).
Court of Appeal:
While the Court did non concur that the QC Leisure case had conclusively decided this case, the determination to dismiss the appeal was based on like reasoning. Lord Justice Floyd did non concur amongst Luxton that the proceedings were an illicit endeavour past times FAPL to preclude the utilisation of unusual decoders cards equally they were entitled to preclude a domestic carte du jour from beingness used for commercial purposes (nothing to exhibit FAPL would solely enforce if unusual domestic).
In addition, it was held that utilisation of the unusual domestic carte du jour was non a straight off effect of FAPL practices or agreements amongst unusual broadcasters, in addition to at close it solely provided the occasion for such use. Due to this insufficient link betwixt Luxton’s infringement of FAPL’s copyright in addition to the alleged anti-competitive practices the appeal was dismissed.
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Football Association Premier League Ltd five QC Leisure; Karen Murphy five Media Protection Service Ltd [C-403/08 in addition to C-429/08]
Background:
In 2014, summary judgment was awarded against Mr Anthony Luxton, who used a satellite carte du jour from a Danish broadcaster to exhibit football game matches to customers who frequented his world trouble solid inward Swansea. Despite Mrs Justice Rose expressing trouble concern that the condition quo of territorial protection inward relation to broadcast licences appeared to last maintained nevertheless the previous ruling of the CJEU inward Premier League v. QC Leisure, she held that, equally QC Leisure had effectively decided the plea inward this defence, FAPL had a correct to preclude the unauthorised communication of its copyright (see here for previous coverage on the High Court case).
Court of Appeal:
While the Court did non concur that the QC Leisure case had conclusively decided this case, the determination to dismiss the appeal was based on like reasoning. Lord Justice Floyd did non concur amongst Luxton that the proceedings were an illicit endeavour past times FAPL to preclude the utilisation of unusual decoders cards equally they were entitled to preclude a domestic carte du jour from beingness used for commercial purposes (nothing to exhibit FAPL would solely enforce if unusual domestic).
In addition, it was held that utilisation of the unusual domestic carte du jour was non a straight off effect of FAPL practices or agreements amongst unusual broadcasters, in addition to at close it solely provided the occasion for such use. Due to this insufficient link betwixt Luxton’s infringement of FAPL’s copyright in addition to the alleged anti-competitive practices the appeal was dismissed.
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Football Association Premier League Ltd five QC Leisure; Karen Murphy five Media Protection Service Ltd [C-403/08 in addition to C-429/08]
Case Update – Fapl V. Luxton
Reviewed by Dul
on
May 21, 2018
Rating:
Reviewed by Dul
on
May 21, 2018
Rating:
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