Haddad v Foxtel Management

The Full Federal Court has dismissed an appeal by a director of a chain of stores concerning the supply by the stores of "broadcast decoding devices".

The Court upheld the trial judge's conclusion that the fact that Foxtel made its broadcasts available without charge to certain "complimentary account holders" and to a number of unidentified charitable organizations and children’s hospitals did not deprive Foxtel's broadcasts of being "encoded" for the purposes of Part VAA of the Copyright Act.

Haddad v Foxtel Management Pty Ltd [2008] FCAFC 11 (22 February 2008)

See also lower court decision: Foxtel Management Pty Limited v The Mod Shop Pty Limited [2007] FCA 463 (28 March 2007)