CTH sues Apple for Bt100 million over EPL app

[webfact]

INFRINGEMENT OF RIGHTS
CTH sues Apple for Bt100 million over EPL app
THE NATION

BANGKOK: -- CTH, the exclusive holder of English Premier League (EPL) football broadcasting rights in Thailand, yesterday sued US-based Apple Inc and its local office for allegedly violating the Thai cable-TV operator's rights, and sought Bt100 million in damages.

Suratchai Mansrithaworn, representing CTH, filed a petition with the Central Intellectual Property and International Trade Court against Apple Inc, Apple South Asia (Thailand) and Gene D Levoff, the authorised director of Apple South Asia (Thailand).

They were accused of violating intellectual property rights for commercial purposes and counterfeiting or altering a registered trademark. The legal action was brought against Apple after its online computer-application store made available for download an app called "Sport Channel" that allows users to view live broadcasts of EPL matches, according to Suratchai. The application costs US$20 (Bt635) for iPhone and $20.99 for iPad, he said.

CTH - the licensee for EPL broadcasting rights in Thailand, Cambodia and Laos for three seasons from 2013-2015 - gained nothing from the app downloads or any fees from Apple, according to the lawsuit. CTH won the bid for the rights with an estimated offer of Bt9 billion. The company has not disclosed the exact figure.

As of yesterday, the Sport Channel app was available for download at $19.99 for a normal version and $29.99 for an HD version. In the details of the app, its developer is named as Somsak Boonpetch. The app's description and menu are in Thai.

Suratchai said AIS is the only mobile-phone operator authorised to broadcast live EPL matches in Thailand.

He said CTH had sent written warnings "through many means" to Apple and others, asking them to stop offering the service, which it deems as violating its rights. The company has not received a reply, however.

The lawyer also said that CTH might consider seeking a court injunction ordering the suspension of EPL broadcasts via the application. He said the offence of violating the broadcast rights carries a penalty of between six months and four years' imprisonment, in addition to a fine of between Bt100,000 and Bt800,000.

The court yesterday scheduled the first hearing of the plaintiff for November 18 and a hearing of witnesses on December 23.

There has been no official reaction from Apple regarding this case, and Apple South Asia (Thailand) could not be reached for comment yesterday.


-- The Nation 2013-09-13

[eTiMaGo]

Methinks CTH shot themselves in the foot there... fi they'd made their own app open to all and not locked to AIS, they could have made millions more and shut out these restreaming apps...

Edited September 13, 2013 by eTiMaGo

[boomerangutang]

CTH may have secured the broadcasting rights from EPL, but that was for TV, not for other (hand-held) devices.

It's ironic that a Thai company is making waves about propriety, when Thailand is a world leader at thumbing its nose at propriety issues.

[seajae]

does this mean the EST, Pizza etc etc will now be able to be sued as well for their rip offs, I doubt it, Thailand would collapse without all their illegally copied businesses.

Edited September 13, 2013 by seajae

[Curt1591]

Only Bt 100 million? that would amount to less than a satang to Apple.

Seems like CTH is just fishing for a quick payoff.

[LaurentPerche]

The App seems to be no longer available on the Thai Store. I can find the itunes link in google but it says the apps is not avail in Thai Stor on my ipad.

Would that mean that CHT has succeded in blocking Apple from offering the app? Anyone can confirm?

I'd like to know where is the App getting the live feed from. Certainly not from CHT or they are really crap with their IT security

[DavoTheGun]

What a joke ! Thailand the biggest ripper offer of Intellectual Property suing somebody, have to be kidding!

[drdoom6996]

I'll bet Apple is really worried. Even if they lose, they just don't pay. Like everybody else.

[animatic]

Nuisance suit, and it is the local developer not the Apple platform that is at fault,

but Apple is a bigger target.

[dunque]

Nuisance suit, and it is the local developer not the Apple platform that is at fault,

but Apple is a bigger target.

Apple takes a large slice (30%+?) of app revenue so they certainly are liable for that, as well as for enabling the app in the first place.

All the whataboutery re other infringements taking place in Thailand is as usual irrelevant - just normal, thinly disguised, Thai bashing.

[lomatopo]

Every contract is different but typically live streaming of content within countries where a local entity has the broadcast rights is blocked by the streaming provider. Obviously there are work-arounds.

[tingtongteesood]

Hey, it isn't Thai bashing, it's pent up frustration at Thailand's constant double standards, they want to do whatever they like and to hell with the rest of the world, then if somebody ever dares to try and do the same back they get sulky and throw tantrums such as this frivolous lawsuit. As long as Thailand keeps making fake everything openly thumbing their noses at the rest of the world, how dare they complain about intellectual property issues ! Som nam na !

[Gulfsailor]

Hey, it isn't Thai bashing, it's pent up frustration at Thailand's constant double standards, they want to do whatever they like and to hell with the rest of the world, then if somebody ever dares to try and do the same back they get sulky and throw tantrums such as this frivolous lawsuit. As long as Thailand keeps making fake everything openly thumbing their noses at the rest of the world, how dare they complain about intellectual property issues ! Som nam na !

So you are saying that if my Thai company holds a patent or trademark in the US, and a US company infringes on it, I am not allowed to sue, the reason being that other Thai companies infringe upon other foreign companies' intellectual property?

CTH paid a lot of money to get the sole rights to air EPL in Thailand. If the app in question would be general free iptv app, which could be used by some to have access to EPL, I would admit it is not Apple's fault that users do so. Like you can't sue Google for displaying location of torrent files of the latest movies. (Although some have tried) But in this case the app's sole purpose is to show EPL in Thailand, and it is charging for that, and Apple is taking a slice of the money.

[lee b]

The big guys at apple must not be able to sleep at night knowing this

[Thai at Heart]

This is really quite funny. If CTH had of course made it's own app, and the law in the country clamped down on fakes, torrents and the such, they may have a snowballs chance in hell. Maybe he should go and sue True, and all the other ISP's for allowing torrents into the country.

They didn't buy the exclusive right to internet distribution for Thailand, they bought the TV rights, which they have sub-sold to AIS. I think tough titties on this one, and to be honest, good. Get your service improved, do your job properly for a reasonable profit and the business will take care of itself.

[Thai at Heart]

Hey, it isn't Thai bashing, it's pent up frustration at Thailand's constant double standards, they want to do whatever they like and to hell with the rest of the world, then if somebody ever dares to try and do the same back they get sulky and throw tantrums such as this frivolous lawsuit. As long as Thailand keeps making fake everything openly thumbing their noses at the rest of the world, how dare they complain about intellectual property issues ! Som nam na !

So you are saying that if my Thai company holds a patent or trademark in the US, and a US company infringes on it, I am not allowed to sue, the reason being that other Thai companies infringe upon other foreign companies' intellectual property?

CTH paid a lot of money to get the sole rights to air EPL in Thailand. If the app in question would be general free iptv app, which could be used by some to have access to EPL, I would admit it is not Apple's fault that users do so. Like you can't sue Google for displaying location of torrent files of the latest movies. (Although some have tried) But in this case the app's sole purpose is to show EPL in Thailand, and it is charging for that, and Apple is taking a slice of the money.

Nowhere does the app say it is specifically for streaming in Thailand. It is just a TV access app, aimed at Thai people. It is probably CTH's job, to get hold of Sky in the UK, and get them to block the servers that are feeding the app.

Used to happen quite regularly with the cricket when I streamed it. Periodically the signal would go off because the severs were blocked from the feed in the UK.

[Gulfsailor]

"They didn't buy the exclusive right to internet distribution for Thailand, they bought the TV rights, which they have sub-sold to AIS."

No so sure about that. EPL site says "The Premier League is pleased to announce that Cable Thai Holdings has been awarded the live audio visual broadcast rights for all 380 Barclays Premier League matches per season for seasons 2013/14 2015/16 in Thailand, Cambodia and Laos."

Then the question is how much delay is in the app's feed that it is not considered live anymore?

[Thai at Heart]

Nuisance suit, and it is the local developer not the Apple platform that is at fault,

but Apple is a bigger target.

Apple takes a large slice (30%+?) of app revenue so they certainly are liable for that, as well as for enabling the app in the first place.

All the whataboutery re other infringements taking place in Thailand is as usual irrelevant - just normal, thinly disguised, Thai bashing.

how does Apple know they are hurting TCH? It's not Apples job to stop the app, it is TCH's job to get the Thai authorities to block the stream that the app receives. i would presume that the app works all over the world, not just Thailand.

[Thai at Heart]

"They didn't buy the exclusive right to internet distribution for Thailand, they bought the TV rights, which they have sub-sold to AIS."

No so sure about that. EPL site says "The Premier League is pleased to announce that Cable Thai Holdings has been awarded the live audio visual broadcast rights for all 380 Barclays Premier League matches per season for seasons 2013/14 2015/16 in Thailand, Cambodia and Laos."

Then the question is how much delay is in the app's feed that it is not considered live anymore?

That is another issue.

http://www.dailymail.co.uk/sport/football/article-2346427/Premier-League-legal-action-sites-stream-live-matches.html

It is up to CTH to force the ips's in Thailand to block his app. That is the way around it.

Edited September 13, 2013 by Thai at Heart

[khunken]

"They didn't buy the exclusive right to internet distribution for Thailand, they bought the TV rights, which they have sub-sold to AIS."

No so sure about that. EPL site says "The Premier League is pleased to announce that Cable Thai Holdings has been awarded the live audio visual broadcast rights for all 380 Barclays Premier League matches per season for seasons 2013/14 2015/16 in Thailand, Cambodia and Laos."

Then the question is how much delay is in the app's feed that it is not considered live anymore?

Interesting because 365sport.tv are providing live & recorded, via the internet, EPL matches for a fee. Where does that sit with CTH?

It looks to me that the Apple app is similar to a local customer paying for a VPN connection to a provider outside Thailand.

As a side issue, if CTH were capable of satisfying customer demand for EPL matches, there wouldn't be so many alternatives. Basically they were not properly organised to provide the service that they paid for. There are still hundreds, if not thousands, still waiting for their CTH dishes, boxes or cable connection. Cowboys comes to mind.

[Thai at Heart]

"They didn't buy the exclusive right to internet distribution for Thailand, they bought the TV rights, which they have sub-sold to AIS."

No so sure about that. EPL site says "The Premier League is pleased to announce that Cable Thai Holdings has been awarded the live audio visual broadcast rights for all 380 Barclays Premier League matches per season for seasons 2013/14 2015/16 in Thailand, Cambodia and Laos."

Then the question is how much delay is in the app's feed that it is not considered live anymore?

Interesting because 365sport.tv are providing live & recorded, via the internet, EPL matches for a fee. Where does that sit with CTH?

It looks to me that the Apple app is similar to a local customer paying for a VPN connection to a provider outside Thailand.

As a side issue, if CTH were capable of satisfying customer demand for EPL matches, there wouldn't be so many alternatives. Basically they were not properly organised to provide the service that they paid for. There are still hundreds, if not thousands, still waiting for their CTH dishes, boxes or cable connection. Cowboys comes to mind.

CTH should have made their own app allowing subscribers to access it. But where is the fun in that when you can try to sell it to AIS????

[tingtongteesood]

Hey, it isn't Thai bashing, it's pent up frustration at Thailand's constant double standards, they want to do whatever they like and to hell with the rest of the world, then if somebody ever dares to try and do the same back they get sulky and throw tantrums such as this frivolous lawsuit. As long as Thailand keeps making fake everything openly thumbing their noses at the rest of the world, how dare they complain about intellectual property issues ! Som nam na !

So you are saying that if my Thai company holds a patent or trademark in the US, and a US company infringes on it, I am not allowed to sue, the reason being that other Thai companies infringe upon other foreign companies' intellectual property?

CTH paid a lot of money to get the sole rights to air EPL in Thailand. If the app in question would be general free iptv app, which could be used by some to have access to EPL, I would admit it is not Apple's fault that users do so. Like you can't sue Google for displaying location of torrent files of the latest movies. (Although some have tried) But in this case the app's sole purpose is to show EPL in Thailand, and it is charging for that, and Apple is taking a slice of the money.

You can try and sue if you want, your prerogative, But why do you think that anyone in the US should care about the whining of this Thai company when billions and billions of dollars worth of US made movies and computer software are copied and stolen for profit by Thai people each year, openly sold everywhere flouting the law and nobody here cares. Fair's fair, what's good for the goose is good for the gander and all that....I am saying that a great many Thai people have double standards and their attitude needs to change, it's fine for them to steal what they want but they go mad if anyone tries to steal from them.

[Gulfsailor]

Hey, it isn't Thai bashing, it's pent up frustration at Thailand's constant double standards, they want to do whatever they like and to hell with the rest of the world, then if somebody ever dares to try and do the same back they get sulky and throw tantrums such as this frivolous lawsuit. As long as Thailand keeps making fake everything openly thumbing their noses at the rest of the world, how dare they complain about intellectual property issues ! Som nam na !

So you are saying that if my Thai company holds a patent or trademark in the US, and a US company infringes on it, I am not allowed to sue, the reason being that other Thai companies infringe upon other foreign companies' intellectual property?

CTH paid a lot of money to get the sole rights to air EPL in Thailand. If the app in question would be general free iptv app, which could be used by some to have access to EPL, I would admit it is not Apple's fault that users do so. Like you can't sue Google for displaying location of torrent files of the latest movies. (Although some have tried) But in this case the app's sole purpose is to show EPL in Thailand, and it is charging for that, and Apple is taking a slice of the money.

You can try and sue if you want, your prerogative, But why do you think that anyone in the US should care about the whining of this Thai company when billions and billions of dollars worth of US made movies and computer software are copied and stolen for profit by Thai people each year, openly sold everywhere flouting the law and nobody here cares. Fair's fair, what's good for the goose is good for the gander and all that....I am saying that a great many Thai people have double standards and their attitude needs to change, it's fine for them to steal what they want but they go mad if anyone tries to steal from them.

You can't go punish one company owned by individuals for the wrongdoing of other companies owned by other individuals. Unless you know of a case where CTH infringed upon other's rights and got away with it, your argument makes no sense. That's like saying some bankers and banks stole people money and got away with it, so it's ok to rob a bank?

[eTiMaGo]

Indeed, Apple probably didn't give a rat's behind, It was probably a tactic to scare the developer away, seems to have worked

[Mobi]

What puzzles me is why are local Cable companies in Pattaya and beyond (I saw one in Bang Saen) broadcasting live EPL matches?

My own BTV - which costs around 350 Baht a month for 80 odd channels and has 2 -3 channels devoted to live EPL matches. I think Sophon TV has the something similar.

The matches are coming from the Astra link in Malaysia, so presumably the cable companies have bought a smart card and are somehow able to split and broadcast the signal.

This must be illegal, and if so, why on earth doesn't CTH take some action? They must be losing thousands of potential customers in Pattaya who are getting the matches for free through their local cable outlet.

[kimamey]

Nuisance suit, and it is the local developer not the Apple platform that is at fault,

but Apple is a bigger target.

Apple takes a large slice (30%+?) of app revenue so they certainly are liable for that, as well as for enabling the app in the first place.

All the whataboutery re other infringements taking place in Thailand is as usual irrelevant - just normal, thinly disguised, Thai bashing.

I would think you're right about Apple having some responsibility as they are hosting the app in their app store. They clearly make money as well. I don't how much they make but I don't doubt your figures. I wouldn't think Apple are too concerned as they can just pay compensation and return any financial gains they've made. I don't know who wrote the app but it may be more of a problem for them.

As for mentioning the numerous copyright infringements in Thailand, it happens elsewhere in S E Asia as well but you have to admit there is a certain irony.

Off topic I know but at first I didn't notice your avatar as I see it a lot on Facebook because my bil is a Saints supporter even though he was born in Pompey, which he doesn't like mentioned. I don't really support them although I do keep a check on the scores as I'm from Southampton and I'm here at the moment before heading back to Mahasarakham. I don't know if you're actually from Southampton but it's good to see the Saints badge anyway.