Wednesday 14 March 2012

Murphy v MPS - more on 'communication to the public'

Our good friend Enrico Bonadio (City University) has sent us a link with a simple 'one click' where you can download a paper by Enrico and Mauro Santo (M&R Europe) with comment on the recent ECJ decision in MPS v Murphy - the case that looked at the legality of the use of a Greek satellite decoder and card by a pub landlady in the UK to access live Premier League football for her customers. This article has particular reference to the "communication to the public finding" under article 3(1) of the Information Society Directive, and unsurprisingly touches on the Rafael Hoteles case where the ECJ gave a wide interpretation to communication to the public. The article has been published in the current issue of the European Intellectual Property Review.

Football Association Premier League v QC Leisure C403-08 / Karen Murphy v Media Protection Services Ltd C429-08.

SGAE v Rafael Hoteles C306-05

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