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
Dark web marketplace AlphaBay shut down
21 July 2017 | Washington DC | Reporter: Barney Dixon
The US government has seized AlphaBay, the largest online ‘dark market’ that was used by hundreds of thousands of people to trade illegal goods
CIPU partners with Tusher for IP education
18 July 2017 | New York | Reporter: Barney Dixon
The Center for Intellectual Property Understanding has partnered with the Tusher Center for the Management of Intellectual Capital to further promote public IP awareness
Entrupy secures $2.6 million in funding
18 July 2017 | New York | Reporter: Barney Dixon
Software company Entrupy has secured $2.6 million in funding for its artificial intelligence-driven counterfeit protection technology
ICC calls on UN members to fight counterfeiting and piracy
10 July 2017 | Geneva | Reporter: Mark Dugdale
The International Chamber of Commerce has asked UN member states to do more to protect consumers from the health and safety risks posed by counterfeits and pirated goods
UKIPO releases IP Act guidance
03 July 2017 | London | Reporter: Barney Dixon
The UK Intellectual Property Office has issued business guidance on the recently passed IP (Unjustified Threats) Act
Google hit with €2.42 billion EU antitrust fine
27 June 2017 | Brussels | Reporter: Barney Dixon
The European Commission ruled the company had abused its power by giving an advantage to its own products and services in Google search results
Matal named acting head of USPTO
08 June 2017 | Washington DC | Reporter: Barney Dixon
Associate solicitor Joseph Matal has been named as acting under secretary of commerce for intellectual property and director of the USPTO