BSkyB alleges copyright breaches

An action by British Sky Broadcasting Ltd over alleged breaches of copyright has come before the Commercial Court but it is hoped…

An action by British Sky Broadcasting Ltd over alleged breaches of copyright has come before the Commercial Court but it is hoped efforts to resolve the dispute will succeed, a judge was told yesterday.

BSkyB Ltd and British Sky Broadcasting Group plc have brought their proceedings against Satellite and Television Services Ltd, trading as Aertec, with registered offices at Lucan, Co Dublin, and Liam O'Brien, of Clonteen, Moymet, Trim, Co Meath.

The case was admitted to the list of the Commercial Court, the commercial division of the High Court, by Mr Justice Peter Kelly yesterday who was told by Paul Coughlan BL, for BSkyB, that it was a "copyright infringement and passing off" case.

Similar proceedings were admitted to the commercial list last year, he added.

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Mr Coughlan said the parties were trying to resolve their differences and, to facilitate those efforts, he asked that the court would admit the proceedings to the list and then adjourn them to October for further directions.

Mr Justice Kelly agreed to make those orders and said he hoped the negotiations "would bear fruit".

BSkyB is seeking to restrain the defendants supplying apparatus and/or protection defeating devices in order to help others re- ceive unauthorised programmes or transmissions.

Injunctions are also sought to restrain the defendants or their servants or agents from passing themselves off as business partners of the plaintiffs or their goods and services as being authorised by the plaintiffs.

A further order directing the defendants to deliver up any Sky viewing cards in their possession, power or procurement, is also sought.

It is alleged the defendants have installed, or caused to be installed, a Satellite Master Antennae TV System for the distribution of TV channels in certain hotels within the Mercer and Lynch group of hotels and that they have also supplied Sky viewing cards to the hotels which, it is claimed, are necessary to unencrypt Sky channels shown in the hotels.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times