26 April 2017
Reporter: Barney Dixon

Pre-installed software for piracy makes IPTV players illegal

The Court of Justice for the EU (CJEU) has reached a decision in the highly anticipated case between Dutch anti-piracy group BREIN and multimedia player distributer Filmspeler.

In a move that has implications for IPTV players, the CJEU ruled today that any media player marketed and sold with pre-installed software allowing access to pirated content infringes the copyright owner’s right of distribution to the public.

The CJEU has already held in GS Media v Sanoma that “the provision, on a website, of clickable links to protected works published without any access restrictions on another site, affords users of the first site direct access to those works”.

“That is also the case for the sale of a multimedia player, such as that at issue in the main proceedings.”

The CJEU also held that the multimedia player was made and sold in full knowledge of its infringing capabilities, as well as being manufactured with view to making a profit.

Adam Rendle, senior associate in the IP and media group at Taylor Wessing, said the decision will “make it easier for rights holders to take action against providers of set-top boxes given the boxes often facilitate and provide access to a wide range of pirate content”.

“Such boxes pose a significant challenge which the audio-visual industry is addressing—as recently recognised by the English High Court which ordered ISPs to block access to the sources of content provided by the boxes.”

He added: “The decision continues the CJEU's much criticised approach to communication to the public but provides copyright owners with a powerful right to use against defendants who do not originate infringing sources of content but derive value from enabling access to it.”

More Industry news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
UK launches trade secrets consultation
20 February 2018 | London | Reporter: Barney Dixon
The UK IPO has launched a technical consultation on the EU trade secrets directive and its implementation into UK law
Trio of Australian firms combine
12 February 2018 | Sydney | Reporter: Barney Dixon
Australian intellectual property law firms Fisher Adams Kelly Callinans, Cullens and Spruson & Ferguson will merge under the Spruson & Ferguson brand as of April 2018
Brand owners should harness benefits of 3D printing
02 February 2018 | London | Reporter: Barney Dixon
As 3D printing has not had the negative impact that was expected, brands should be harnessing the benefits of the technology, according to Justin Pierce, chair of Venable’s IP division
EU Commission proposes counterfeit and piracy watch list
26 Janaury 2018 | Brussels | Reporter: Barney Dixon
The European Commission has proposed a counterfeit and piracy watch list that will identify marketplaces outside of the EU where counterfeiting, piracy and other intellectual property abuses are common
J A Kemp to open in Paris
11 January 2018 | Paris | Reporter: Barney Dixon
Intellectual property law firm J A Kemp will open a new office in Paris, its second in continental Europe
PIPCU seizes £100,000 worth of counterfeit clothing
21 December 2017 | London | Reporter: Barney Dixon
The City of London Police Intellectual Property Crime Unit (PIPCU) has arrested a man and seized around £100,000 worth of counterfeit clothing in the lead up to Christmas
IACC and Danish Consulate General in Shanghai sign IP agreement
20 December 2017 | Copenhagen | Reporter: Barney Dixon
IACC president Bob Barchiesi and Nicolai Prytz, consul general of Denmark in Shanghai, signed the agreement in Copenhagen on 18 December