Exclusive: The Dutch High Court has ruled that the uplinking of encrypted channels from The Netherlands to satellites for further distribution on cable headends and DTH platforms does not constitute a public disclosure.
Dutch authors rights’ organization Buma has argued that Chellomedia was liable to pay copyright fees, which the broadcaster denied.
Buma started proceedings in 2003. In 2006 the Dutch Court ruled that no fees were due since these encoded broadcasts were not intended for, and could not be received by, the general public.
The High Court has now confirmed the original ruling and based its verdict on a number of arrests by the European Court in Luxembourg.