This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.
The Service
Ental TV
Service Description
Internet-based recording service. Users requested a recording which was then recorded by Ental TV in the cloud and streamed to the user in question.
The Case
Ental argued that it merely leased the recording system to its users and that it is the users who actually recorded and used the programmes, something that would constitute private copying under Korean law.
The Korean courts disagreed. They found that it was Ental TV, not the individual user that recorded and copied the TV programmes because it owned and managed all of the facilities used for the recording. Ental TV was also found to have infringed the content owners' public retransmission rights.
Status
Judgement in fgavour of the content owners.
For a complete overview of PVR litigation cases around the world, please see our Content meets the cloud report.
