17 Dec 2010
MUNHWA BROADCASTING CORPORATION AND ORS V YOUNG INTERNATIONAL 2009 LIMITED AND ANOR HC AK CIV-2010-404-00203
- Citation
- openlaw-7dd3ffb9_ee3a_4152_914c_27111f29830f.pdf
- Court
- High Court
The Court finds there are serious questions to be tried that the Baro TV system involves copying by digitisation (s16(1)(a)) and communicating communication works to the public (s16(1)(f)); s43A does not rescue the service as operated; s228 does not apply to World TV because Baro TV customers receive Korean transmissions not World TV's New Zealand rebroadcasts; plaintiff World TV has not proven exclusive licence entitlement under s123; accordingly a conditional interim injunction in favour of the first to third plaintiffs is warranted.