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  1. #1
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    Feb 2004
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    Default Delhi HC denies Nimbus stay against cricket showing on DTH


    NEW DELHI: Harish Thawani's Neo Sports received a jolt as the India-Bangladesh cricket event has become virtually non-exclusive, and its efforts to stem this via the court met with a TataSky and Dish TV bouncer that the court allowed.

    High drama marked the broadcasting litigation arena today, as Nimbus moved the Delhi High Court for a stay on TataSky showing the Bangladesh Vs India cricket series on the their DTH platform.

    TataSky lawyers, meanwhile, were absent, as they were busy with the final hearing of their case with Sun TV, at the Telecom Disputes Settlement Appellate Tribunal today.

    However, on hearing the attempt by Nimbus, they rushed to the court to respond to the stay petition by the former.

    Nimbus stated that TataSky was infringing upon the copyright of Neo Sports by showing the matches on its platform, as they were proprietary.

    Nimbus argued also that they only had an agreement with Prasar Bharati for feeding them with the signals of live cricket coverage.

    TataSky, however, argued that it was not involved in piracy of any kind, as they were only showing Prasar Bharati's Doordarshan, which was telecasting the Neo coverage.

    TataSky argued that as part of their licensing conditions, the DTH and cable operators were bound to receive and beam signals from Prasar Bharati channels, which included the one that was showing the India-Bangladesh matches.

    The intent of the Act of the government was to give widest dissemination to the Prasar Bharati channels, TataSky reminded the court, hence it was doing what the Act intended in the public interest.

    Dish TV and Wire & Wireless India Ltd (WWIL) reiterated that they have been carrying DD signals since they started operations and that this was mandatory on DTH and all cable platforms as a part of their licensing conditions.

    Incidentally, had earlier reported that DD was getting clear signals (that is signals without the Neo logo and without the advertisements collected by Nimbus), which is on the basis if the new act on sports coverage passed during this session of the Parliament.

    This DD coverage is being shown on all cables and all DTH platforms, as it is mandatory.

    After hearing both parties the court told Nimbus that the first match is already over and it had not come to court's doors earlier, and if at this stage the stay was granted, consumers would suffer.

    The court thus refused to grant a stay order and fixed a later date for hearing their case.

  2. #2
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    May 2006
    Chennai, India
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    Poor Nimbus....



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