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From the IPKat's excellent and scholarly friend Dirk Visser (Klos Morel Vos & Schaap, among other things) comes a spot of news that will doubtless excite his copyright readers, if they don't know this already. On 17 June 2014, in a case between broadcasting organisation SBS and the Belgian collecting society Sabam, the Brussels Court of Appeal referred the following question to the Court of Justice of the European Union (CJEU):
“Does a broadcasting organisation, which sends its programmes exclusively by means of direct injection, that is to say: a two-part process by which the program carrying signals are delivered in encoded form through satellite, glass fibre connection or any other means of transportation to distributors (satellite, cable or xDSL connection), without these signals during or because of this delivery being accessible to the public, and where subsequently these distributors send the signals to their subscribers so that these can view the programs, commit a communication to the public within the meaning of Article 3 of [the CopyrightDirective]?” (informal translation)This Kat thanks Dirk both for the news and for the informal translation, since his Dutch is just a little on the rusty side (though he knows that the Dutch for "meow" is "miauw"). For those whose Dutch is better than his, you can access the Brussels Court of Appeal ruling here.