The First Hall Civil Court presided by Mr
This case concerned the unauthorized streaming over the internet in
Under article 10 of Chapter 488, an owner of intellectual property rights could obtain an injunction from the Courts against intermediaries in order to prevent certain third parties from gaining access.
On
This Article 10 provides:
- 'Where the Court finds that an infringement of an intellectual property right has occurred, it may on an application by the plaintiff issue an injunction against the infringer aimed at prohibiting the continuation of the infringement. Failure to abide by the injunction shall constitute contempt of court.
- The application referred to in sub-article (1) may also be made in respect of intermediaries whose services are used by a third party to infringe an intellectual property right, without prejudice to article 42 of the Copyright Act.'
- to declare that the transmission and streaming of the first division Italian football matches without their authorization violated their rights of copyright.
- To declare that the services offered by the defendant companies were being used by certain third parties in violation of their rights of copyright; and
- To order the defendants to prohibit internet access to certain IP addresses or to block them from streaming without authorization the Italian first division football league matches and this subject to other conditions which the Court deemed to be appropriate. Technical experts should also be engaged to assist in identifying other IP addresses.
This legal action was without prejudice to
The First Hall Civil Court stated that applicant
As the 2021 / 2022 season had already closed, this Court said that it could only provide a remedy in respect of the forthcoming season 2022/2023.
During the proceedings, the parties reached an amicable agreement on
This Court agreed to adopt and incorporate this agreement in its decision, though this agreement was to be kept confidential by the Court Registrar. It could only be made public if a dispute arose between the parties in relation to this agreement and such dispute was to be referred to a court or a judicial tribunal.
On
It ordered as follows that:
- Defendants block and deny internet access through their services certain IP addresses identified and listed in the
PWC report to prevent them from streaming and transmitting the first division Italian football matches for the season 2022 / 2023. -
Defendants should receive from
Infront the list of IP addresses to be blocked at least twenty-four hours prior to the matches, in the manner as stipulated in the agreement. Infront should present to the defendant companies not more than twice weekly their requests and a list of IP addresses which were to be blocked by them.- Any agreement between the parties on processing fees had to be respected.
- PWC Malta should carry out their investigation as to which IP addresses should be blocked in order to prevent the unauthorized transmission and streaming of the first division Italian football matches for the season 2022/2023.
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In case any of the defendants were notified that a third party was prevented from accessing audio-visual content in respect of which applicant
Infront had no 'rights', such defendant had to inform the other parties to their agreement. In addition, in caseInfront notified the defendants or any one of them that certain IP addresses which were blocked, should now be released, this had to be done within twenty-four hours from when the defendants received such instructions. - Any obligation to make a payment due under the agreement between the parties remained binding.
All costs were to be borne by applicant
This article was first published in the malta independent.
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