Skip to main content
Beauchamps Close
Back

  • B-Connect
  • About us
    • About Beauchamps
    • Client service
    • Core values
    • Corporate social responsibility
    • History
    • Knowledge management
    • Partnerships
  • Our People
  • Our services

    Practice Areas

    • Banking & Finance
    • Commercial Real Estate
    • Company Secretarial
    • Construction
    • Corporate & Commercial
    • Corporate Governance & Company Compliance
    • Crisis Management
    • Data Protection & Freedom of Information
    • Employment & Benefits
    • Energy & Natural Resources
    • EU, Competition & Procurement
    • Financial Services & Regulation
    • Insolvency & Corporate Restructuring
    • Insurance & Professional Indemnity
    • Inward Investment
    • Litigation & Dispute Resolution
    • Medical Negligence and Personal Injury*
    • Mergers & Acquisitions

    Sectors

    • Brexit
    • Charities & Not For Profit
    • Energy & Natural Resources
    • Family Business
    • Financial Services
    • Food & Agri
    • Healthcare
    • Housing
    • Real Estate
    • Retail
    • Sport
    • Technology & Communications
    View All Services
  • What's new
    • Beauchamps - proud sponsor of and official legal adviser to Leinster Rugby
    • Brexit Update
    • Doing business in Ireland
    • General Data Protection Regulation
    • The Companies Act 2014
    • Covid-19 Updates
  • Careers
    • Why join Beauchamps?
    • Current opportunities
    • Lawyers
    • Business services
    • Intern & trainee programmes
Contact Search
Search Menu
Beauchamps
Search Menu
What's new

Beauchamps involved in Commercial Court case which blocks illegal streaming

29 Jul 2020

Breadcrumb

  1. Home
  2. What's new
  3. Recent Work

Share

The Commercial Court (a division of the Irish High Court) recently extended a Court Order compelling certain Irish internet service providers (ISPs) to block the illegal live streams of a particular sporting competition for the remainder of the 2019/2020 season which (like all sporting events) was suspended due to the COVID-19 pandemic and for the 2020/2021 season.

Beauchamps represented the organising body in this case and was led by Maureen Daly and Thomas O'Dwyer.

What was the original Order?

In June 2019, the High Court granted an Order compelling ISPs to block access during matches to streaming servers which delivered illegal live streams of a particular sporting competition (2019 Order). This was a landmark decision as it was the first blocking injunction granted by the Irish Court which targeted streaming servers rather than websites or end users. The practical effect of the Order was that unauthorised live streams could be blocked in real time regardless of whether the user was attempting to watch the stream on an unauthorised IPTV service, website, app or other device.

Last month, the Commercial Court granted an extension of the 2019 Order to include the remainder of the 2019/2020 season and for the 2020/2021 season.

What are the criteria to grant the injunction?

In order to grant a blocking injunction under Irish copyright legislation, the High Court had to satisfy itself that:

  • the injunction was necessary;
  • the costs involved were not excessive or disproportionate and that the order itself should not be unduly complicated;
  • the cost sharing proposals were fair and reasonable;
  • the order respected the fundamental rights of the parties affected, including internet users; and
  • the duration of the proposed injunction and the provisions for review were reasonable.

The Court noted that an extension of the 2019 Order must involve a review of the effectiveness of the Order and a consideration as to whether an extension was appropriate. It stated that effectiveness does not require 100% success so long as the remedy has a significant persuasive effect. Upon reviewing the evidence, the Court was satisfied that the 2019 Order was effective and that there was no evidence of "over-blocking".  Accordingly, it stated that the 2019 Order should be extended and accepted that it was necessary to protect the Plaintiff’s copyright.

How will this judgment impact the sports industry in Ireland?

The judgment will be welcome news to those in the sports industry in Ireland as well as all IP owners as it shows that live blocking injunctions are invaluable tools for IP owners in the defence and protection of their IP rights.

For more information please contact Maureen Daly, Thomas O'Dwyer or your usual contact in Beauchamps.

Beauchamps

Related Services

Practice Areas

    Technology & Intellectual Property
Beauchamps

Our Location

Riverside Two

Sir John Rogerson's Quay

Dublin 2, D02 KV60

Ireland, DX No. 63

General Enquiries

T: +353 (0) 1 418 0600

F: + 353 (0) 1 418 0699

E: info@beauchamps.ie

  • Cookie Policy
  • Disclaimer
  • Accessibility
  • Sitemap
  • Contact
  • Privacy
© 2022 Beauchamps LLP