Breaking News: Dishtv india sued for piracy
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19-07-2016, 09:39 AM
(This post was last modified: 19-07-2016 10:02 AM by soumyashree90.)
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Dishtv india sued for piracy
Mumbai: SCat: July 2016
Dishtv india sued for piracy UAE DTH Platform - OSN Has Sued DishTV India For Piracy In a move that has surprised few industry observers, U.A.E. based Gulf DTH FZ LLC (OSN) filed a suit in the Delhi High Court, alleging copyright infringement by violation of copyrights and consequently, accused DishTV India of orchestrating an "elaborate scheme to earn illegal monies". The Issue It has been well known for almost a decade that DishTV's DTH footprint extends to the UAE, where its signals can be received. As a result, a huge bouquet of Indian TV channels can be received in the UAE for less than 10% of the subscription if these channels are received from a UAE DTH platform. As a result, Indian diaspora in Dubai and the UAE illegally carry across DishTV DTH receivers and operate them in the UAE. legally, DishTV STBs are only permitted to be operated in India, since DishTV is licensed to distribute its channels only in India. Some observers think that Dish TV is turning a blind eye to the use of its STBs in the UAE, and that these STBs account for more than 10% of the subscriptions, they speculate. Technically, it is impossible for DishTV to restrict its reception only within India, when its DTH footprint extends well beyond the national boundary. OSN'S Stand OSN's suit in the Delhi High Court highlights that it has signed exclusive contracts /licenses to transmit channels, movies television programs, sporting events such as IPL, ICC Cricket World Cup and other copyrighted content to viewers in the MENA region which includes countries like Afghanistan, Algeria, Bahrain, Chad, Djibouti, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Tunisia, United Arab Emirates and Yemen i.e. OSN Territory. It further states that DishTV is transmitting the same channels and programming from India to subscribers in the OSN Territory without the consent of OSN or the copyright holders. Additionally, OSN's contentions are that DishTV is also stated to be exporting to and selling Set Top Boxes and paired smartcards, activating and recharging the DishTV subscriptions through the B2B system in the OSN Territory enabling the access of its services in the OSN Territory. Invoking the provisions of the Copyright Act, OSN has stated that its exclusive rights in hundreds of works and channels has been infringed and the said act of DishTV is in contravention of not only its licence with owners/ studios but also in contravention of the OSN's licences with the relevant content licensors. Raids in the UAE OSN has pointed out that enforcement authorities across the U.A.E. have conducted numerous raids on shops, commercial premises, labour camps, etc. and ordered closure of unauthorized DishTV dealer shops, after imposing fines besides deportation of the shop managers. Court Direction When the case came up for hearing, a Single Bench of Justice Vipin Sanghi, directed DishTV to provide: a) Full disclosure on whether DishTV India either on its own or through any of its associates or business relations is engaged in distribution of its STBs & SMART cards and is re-charging subscriptions in the MENA territory as defined in para A of the plaint; b) If yes, the revenues earned from this activity by DishTV India or its associates and business relations for the last 3 years. DishTV has been granted 3 weeks to reply, and the case will now be heard on July 22, 2016. |
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