A full summary of this case has been published on Kluwer IP Law
The Court of Appeal agreed with the High Court’s decision that the defence raised by a pub owner who had been showing football matches using a domestic satellite decoder from a foreign broadcaster was not valid, as there was not a sufficient nexus as a matter of law between the claimant’s allegedly unlawful conduct and the publican’s infringement of the claimant’s copyright. The defendant had raised a defence under EU law (TFEU art.56 and art.101) claiming that FAPL was motivated in bringing the action by a desire to enforce strict territoriality in the reception of broadcasts of its live football matches and that his use of a domestic card was a consequence of unlawful agreements or concerted practices.
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