Full Harmonization through Case Law
Chapter 4: The CJEU goes ahead: The decisions in Murphy, Painer, Football Dataco and SAS
The decision of the CJEU in Joined Cases C-403/08 Football Association Premier League Ltd, NetMed Hellas SA, Multichoice Hellas SA v QC Leisure, David Richardson, AV Station plc, Malcolm Chamberlain, Michael Madden, SR Leisure Ltd, Philip George Charles Houghton, Derek Owen and C-429/08 Karen Murphy v Media Protection Services Ltd followed two references from the High Court of Justice of England and Wales, Chancery Division, and the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court), respectively. These were made in the context of proceedings concerning the marketing and use in the UK of decoding devices which gave access to the satellite broadcasting services of a broadcaster, and were manufactured and marketed with that broadcaster’s authorization. They were, however, used outside the geographical area for which they had been issued, thereby disregarding the broadcaster’s will (they are thus referred to as ‘foreign decoding devices’).
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