The Superior Court of Justice (TSJ) of Catalonia has clarified that telecom firms must identify the pirate platforms that illicitly redistribute the signal of football matches to third parties and profit from it, and not the end users themselves.
The clarification came after the ruling was published after the Commercial Court number 8 of Barcelona has admitted the preliminary diligence requested by LaLiga de Fútbol Profesional and requires the operators to provide the personal data of those who illicitly share their contents, that is, only the ‘cardsharers’ who redistribute the signal to third parties and obtain a profit from it, the TSJ of Catalonia highlighted in a statement.
They also stressed that LaLiga presented a request for preliminary diligence to the court for the prosecution of a specific type of piracy, that is, ‘cardsharing’, a practice by which legitimate users rebroadcast the signal to certain pirate networks in which all participants, including those who only defraud the quota, use decoders.
“The description of this practice allows us to conclude that acts of making available or disseminating, directly or indirectly, content, works or services subject to audiovisual rights are being carried out. These acts, which are the basis for agreeing to the preliminary diligence requested only can be carried out by the ‘cardsharers’ who rebroadcast the signal and profit from it, and not by mere end users,” adds the institution.
In this way, the TSJ of Catalonia interprets that the order issued by the magistrate of the Commercial Court number 8 of Barcelona only requires the operators to provide “the personal data of those who illicitly share their contents, that is, only of the ‘cardsharers’ who redistribute the signal to third parties and obtain a profit from it.”
“Possible future lawsuits arising from these preliminary proceedings could only be directed against the ‘cardsharers’ who rebroadcast the signal to obtain a profit,” they add.
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