The UEFA Cup is a sports competition whose organizers licence screening rights to various bodies. One of the licensees, Charlton LTD, sued Pizza Pazza (2000) LTD. and the proprietor thereof, for illicit screening of match games in 2008.
The defendants attempted to have the case dismissed, based on the fact that the plaintiff did not cite UEFA as a co-plaintiff and did not provide all the documentation to show that they had screening rights.
The judge, Ms Abigail Cohen, dismissed the request to dismiss the case, pointing out that this was an extreme measure. Instead, she gave the plaintiffs an opportunity to correct their statement of case, and announced that she would rule on costs at the end of the trial.
The decision seems to be a correct one. The decision is a significant one since 18 months ago, Judge Michal Agmon Gonen had requested government clarification when faced with a case concerning webcasting football matches, where she was unclear as to whether the 2007 Copyright Act changed the substantive Law from the Israel Supreme Court Decision in TeleEvent, see https://blog.ipfactor.co.il/2008/07/17/moving-copyright-goalposts/
We are thus pleased that the judge in this case considers public screening of matches as copyright infringement and is not prepared to dismiss the case on a technicality.
We wonder however, why the defendants or the judge didn’t point out that IP Law is not within the jurisdiction of the Magistrate’s Court???
T.A. 14692-09-09 Charlton LTD vs. Pizza Pazza (2000) LTD. and others