Misappropriation

2011

IPPT20111004, CJEU, Premier League

CONDITIONAL ACCES DIRECTIVE: “illicit device” does not cover foreign decoding devices which have been falsely obtained. Prevention of use of falsely obtained foreign decoding devices permitted under directive. Ban on import or use of foreign decoding devices not permitted also in case of falsely obtained devices for commercial purposes. Acts of reproduction within the memory of a satel-lite decoder and television screen permitted. Communication to the public: transmission to cus-tomers present in a public house. Obligation not to supply decoding devices outside licensed territory not permitted. National intellectual property protection of sporting events permitted. 

 

1918

IPPT19181223, USSC, International News Service v Associated Press

Misappropriation of news for commercial use: Defendant […] is taking material that has been acquired by complainant as the result of organiza-tion and the expenditure of labor, skill, and money, and which is salable by complainant for money, and that defendant in appropriating it and selling it as its own is endeavoring to reap where it has not sown, and by disposing of it to newspapers that are competitors of complainant's members is appropri-ating to itself the harvest of those who have sown.