Appeals Court Backs DISH in Pirate Streaming of Foreign Channels
The US Court of Appeals for the Eleventh Circuit affirmed a copyright infringement judgment against the operator of the pirate streaming services UlaiTV and AhlaiTV. The operator, Fraifer, was found liable for retransmitting Arabic television channels into the US without authorization from exclusive licensee DISH Network. The court's ruling reinforces the validity of registered foreign works and limits an infringer's standing to challenge the transfer of rights between a content owner and its licensee.
Key Takeaways
- The court ruled a third-party infringer lacks standing to challenge a copyright transfer agreement if both the original owner (MBC) and the licensee (DISH) agree on its validity.
- US copyright registrations for foreign works are entitled to a statutory presumption of validity, an advantage for rights holders like DISH in this case involving content from the UAE.
- Direct infringement was affirmed with evidence linking the operator to the pirate services UlaiTV and AhlaiTV, including PayPal records, WHOIS data, and the use of encoders.
Why It Matters
This ruling strengthens the position of exclusive licensees like DISH against piracy of foreign content in the U.S. By limiting an infringer's ability to challenge the chain of title, the court lowers a key barrier to enforcement against unauthorized retransmission services. The precedent clarifies that if a content owner and licensee agree on a rights transfer, an accused infringer cannot use supposed defects in that agreement as a defense. For rights holders, this reinforces the value of securing US copyright registrations for foreign works. Watch whether this ruling accelerates similar enforcement actions by other US licensees of foreign content.
Read full article at jdsupra.com
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