Supreme Court, Civil Appeal 9183/09, The Football Association Premier League Ltd v John Doe (2012)

Document type
Court Decision
Country
This case involves unauthorized streaming of live soccer games of the English Premier League. The Supreme Court suggests in dicta several possibilities to further establish Contributory Liability with regard to ISPs. Since no arguments were raised regarding Contributory Liability in this case, the discussion is merely illustrative. In this case the English Premier League requested that an ISP reveal the name of the person who infringed on its copyright. Justice Neal Hendel argued that direct liability against ISPs could be established through the duty of care found under Negligence, but Justice Hanan Melcer argued that Contributory Liability with regard to ISPs should be based on unjust enrichment. The Court concluded that since the argument of Contributory Liability was not raised in this case, no decision will be reached on this issue.
Country
Year
2012
Topic, claim, or defense
Copyright
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Internet Access Provider (Including Mobile)
OSP obligation considered
Data Retention or Disclosure
Type of law
Civil