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ARTICLE · 16 APRIL 2018

Crackdown On ‘Fully-Loaded' Media Players

Mishcon de Reya LLP
Mishcon de Reya LLP
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Mishcon de Reya LLP

Mishcon de Reya LLP

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As an advertising message, "Want to watch free films, series, sport without having to pay? Who doesn't?!" was clearly too good to be true.

European UnionIntellectual Property
Nina O'Sullivan
Nina O'Sullivan
Matthew Green
Matthew Green

As an advertising message, “Want to watch free films, series, sport without having to pay? Who doesn’t?!” was clearly too good to be true. In the UK, sales of media players incorporating pre-installed add-ons linking to websites giving access to unauthorised content have attracted the attention of criminal prosecution authorities in recent months, with a landmark case due to be heard this month. Now, the European Court of Justice (CJEU) has decided that the sale of such ‘fully-loaded’ devices amounts to a communication to the public and therefore is likely to infringe copyright. Further, users who unlawfully stream copyright content will be unable to rely upon the temporary reproduction defence.

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