Sweden: The infamous domain names piratebay.se and thepiratebay.se transferred to the Swedish state

By Christopher Büller and Emil Ödling 

Under the Swedish Copyright Act, property used or being used for crimes against the Swedish Copyright Act may be forfeited to prevent further crimes. Therefore, in an effort to further disrupt the operation the infamous file sharing site The Pirate Bay, the Swedish prosecutor filed a motion for forfeiture of the domain names piratebay.se and thepiratebay.se. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/sweden-the-infamous-domain-names-piratebay-se-and-thepiratebay-se-transferred-to-the-swedish-state/

Italian Competition Authority Investigation on the Sale of Serie A TV Rights

On May Olivi C.V13, 2015 theCavalcanti C.V. Italian Competition Authority (“AGCM”) issued a Resolution (see here) opening an official investigation (“Investigation”) on the sale of Serie A TV rights for the 3-year period 2015-2018 (for more details please see here our previous post on the matter). Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/italian-competition-authority-investigation-on-the-sale-of-serie-a-tv-rights/

JAPAN – Amendments to METI Guidelines on Electronic Commerce and Information Property Trading

By Ann Cheung and Keitaro Uzawa

The Ministry of Economy, Trade and Industry of Japan (the “METI“) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (the “Guidelines“), which apply to all online business operations in Japan and clarify how the Civil Code, which governs Japanese commercial contracts, and other relevant laws, such as the Act on Special Provisions to the Civil Code Concerning Electronic Consumer Contracts and Electronic Acceptance Notices (Act No. 95 of 2001) (the “Electronic Contract Act“) and the Act on Specified Commercial Transactions (Act No. 57 of 1976), are applied to various legal issues relating to electronic commerce (e.g. online shopping) and information property trading (e.g. software and other digital contents).

Existing sections of the Guidelines have been amended to provide detailed guidance on certain issues surrounding electronic publications. The following existing sections of the Guidelines have been amended in line with the revised Copyright Act (Act No. 35 of 2014) (the “Copyright Act“) and recent judicial decisions:

  • Section II-1: Liability of Business Entities Providing Consumer-generated Media (“CGM“) Service for Mediating Transmission of Illegal Information
  • Section II-2: Legal Matters Involved in Setting up a Link to Another Person’s Website
  • Section III-12-3: Obligation to Redistribute Electronic Publications

Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/japan-amendments-to-meti-guidelines-on-electronic-commerce-and-information-property-trading/

TV Catchup and Section 73 – (Nearly) The End of the Road?

By John Cloke & Jonathan Salt

The Court of Appeal in England has recently made a second reference to the Court of Justice of the European Union (CJEU) in the case brought by UK free-to-air broadcasters ITV, Channel 4 and Channel 5 against the Internet streaming service TV Catchup (TVC) in relation to the unauthorised streaming of their channels by TVC. However, the CJEU’s decision looks likely to be rendered irrelevant by legislative changes proposed by the Government.

Previous decisions in the case (see here and here) had left TVC able to stream a limited number of channels (those of the UK public service broadcasters, known as “qualifying services”) via the Internet because of the defence provided by s.73 of the Copyright, Designs and Patents Act 1988 (CDPA). The defence permits qualifying services to be retransmitted by cable without infringing copyright – this had been held to include retransmission via the Internet earlier in the proceedings, but did not include transmission to mobile devices via a mobile telephone network. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/tv-catchup-and-section-73-the-end-of-the-road/

BELGIUM: Belgian Privacy Commission fires its first warning shot to Facebook

By Patrick Van Eecke and Mathieu Le Boudec

Based on its on-going investigation of Facebook’s new terms and conditions, the Belgian Privacy Commission has issued a public recommendation (which can be consulted here in English language).

The document focuses on the applicable law and competence of the Belgian Privacy Commission and on the use of social plug-ins. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/belgium-belgian-privacycommission-fires-its-first-warning-shot-to-facebook/

Italian DTT LCN Update: The New Decision of the Commissioner

The Commissioner appointed by the Supreme Administrative Court (Consiglio di Stato) finally issued its report regarding the LCN, which appears to be in line with the guidelines given by the same Consiglio di Stato in its previous decisions (see here and here for our previous comments on the matter)

The Commissioner, based on its further investigation activity, established that the LCN plan issued by the Italian Communications Authority on 2010 (Resolution no. 366/10/CONS) was in line with the “viewers’ preference and habits” and, therefore, that the assignment of the generalist channels no. 7, 8 and 9 to national (and not local) broadcasters was correct.

This is a substantial step towards an end of the LCN saga. We will keep you posted on the further developments.

Feel free to contact our team if you want more information on this issue (giangiacomo.olivi@dlapiper.com)


Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/italian-dtt-lcn-update-the-new-decision-of-the-commissioner/

Spain: National Court suspends the strike of La Liga

By Ceyhun Pehlivan

The Spanish National Court has ruled in favour of the Spanish Football League (LFP), and suspended the proposed strike called by the Spanish Football Players’ Union for the final two rounds of the Spanish top-tier football league La Liga discussed in our previous article.

Spain’s Football Federation and the Fédération Internationale de Football Association (FIFA) have had backed the strike called by the players, opposed by LFP and the teams of Spain’s top two divisions.

According to LFP, the strike violated agreements between the players and the clubs, and hence, it requested from the National Court to adopt precautionary measures to suspend the strike and force the players back into action this weekend.

The National Court ruled that the exercise of the right to strike was not absolutely necessary, and it would clearly damage the right of the legal protection of LFP as plaintiff. It therefore accepted the precautionary measure requested by LFP on the condition that LFP deposited a bond of five million euros.

It appears that the ruling paves the way for FC Barcelona to win La Liga title this weekend.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/spain-national-court-suspends-the-strike-of-la-liga/

Spain: TV rights dispute threatens La Liga

By Ceyhun Pehlivan

Spain’s Football Federation has recently suspended the Spanish league and cup matches from this weekend onwards in protest of the recent law on the collective sale of television rights and the distribution of revenue, Royal Decree-Law 5/2015 on the commercialization of rights to exploit audiovisual content of professional football competitions (the “Act”). In addition, according to the press, the Fédération Internationale de Football Association backs this decision and threatens with further sanctions.

The Act regulates the collective sale of rights to exploit audiovisual content of professional football competitions, namely the Primera División (first division, currently sponsored as Liga BBVA), the second division (Liga Adelante), Copa del Rey (King’s Cup), and Supercopa de España (Spanish Super Cup).

In accordance with the Act, the ownership of the television rights belongs to the clubs or entities participating to these official professional football competitions. Participation in these competitions will necessarily trigger the assignment of the joint sale of the rights to the corresponding organising entity (i.e. Spanish Football League in case of the competitions of the first and second divisions, or Spanish Football Federation regarding the Copa del Rey and Supercopa de España).

Furthermore, the Act sets forth detailed criteria to distribute revenues generated from such joint sale of rights among the organisers and entities participating to the aforementioned competitions.

The Spanish Football Players’ Union, which believes the Act neglects to address some key issues, called a strike for the last two weekends of the season, starting on 16 May, although talks took place with the Spanish Football League, no progress was made. Unhappy with the revenue distribution, Spain’s Football Federation seconded this decision.

The case has now gone to Spain’s National High Court, and a decision on the legality of the strike against the new collective TV rights deal is expected to be made on 14 May 2015. If the strike does go ahead, at least the final two rounds of La Liga as well as the Copa del Rey final would be affected.

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/spain-tv-rights-dispute-threatens-la-liga/

USA: Lawsuit against Manny Pacquiao

Lawsuits have been filed against Manny Pacquiao, his manager (Michael Koncz) and his promoter (Top Rank Inc.), alleging amongst other things, fraud and perjury. The lawsuits seek damages for the alleged concealment of Pacquiao’s shoulder injury during the “Fight of the Century” between Pacquiao and Floyd Mayweather.

The class action lawsuit alleges that “the defendants had full knowledge and information that defendant Pacquiiao had been seriously injured and was suffering from a torn rotator cuff… and that such injury would severely affect his performance.”[1] Pacquiao’s attorney has stated that he will seek a dismissal of the “frivolous” class action. Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/lawsuit-against-manny-pacquiao/

Australia: WADA Appeals Essendon Anti-Doping case

The World Anti-Doping Authority (WADA) has released a statement announcing their decision to appeal the Australian Football League (AFL) Anti-Doping Tribunal’s decision to clear 34 past and present AFL players for alleged doping offences. The appeal will be heard by the Court of Arbitration of Sport (CAS). Read the rest of this entry »

Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/australia-wada-appeals-essendon-anti-doping-case/

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