The Danish Rights Alliance and the Spanish football league LALIGA have won a years-long case. The case demonstrates that it’s possible to block websites that provide illegal links to football matches and more generally that live sports can be protected and enforced in Denmark.
On Wednesday, December 11, the Eastern High Court rejected hearing a Spanish operator’s appeal of the district court’s ruling, thereby making it final that LALIGA and the Danish Rights Alliance succeeded in their claim that a Spanish operator had infringed the copyrights of LALIGA by providing links to illegal live streams of football matches in the Spanish 1st and 2nd league on their service. This marks the conclusion of a years-long legal battle, demonstrating that it’s possible to obtain copyright protection of the production and recording of live sports events and thereby protection through the Danish blocking system. The outcome represents a significant milestone both in Denmark and internationally, as it’s the first European case where a court has determined that sports content can be protected in this way by copyright.
Blocking System Thoroughly Tested
The persistent objections from the operator behind the illegal service in this case have resulted in the Danish blocking system being tested extensively from every angle, through injunction cases and regular civil cases in both district and appeals courts. The case has also tested and validated the Danish Rights Alliance’s methods for achieving the blocking of websites with illegal content. Achieving blocking in substantive cases like this requires comprehensive documentation of copyright infringement, unlike cases involving preliminary injunctions, where the infringement only needs to be made plausible.
The verdict underscores the effectiveness of Denmark’s website blocking system in blocking illegal platforms, regardless of whether the illegal service chooses to appear in court or not.
Maria Fredenslund, CEO of the Danish Rights Alliance, says:
“With a conclusive end to the case, we have the court’s word that football matches are subject to copyright and can therefore be protected. This result is pleasing not only for LALIGA but also for all other rights holders who experience that their rights to live content are not respected. We therefore look forward to using the ruling as a basis for achieving better protection of live content in Denmark and also hope that the case can pave the way for similar initiatives in other European countries.”
Javier Tebas, LALIGA President, says:
“This landmark ruling not only reinforces the protection of LALIGA’s rights but also sets a crucial precedent for the global fight against piracy in live sports. It demonstrates that when rights holders, legal systems, and organizations like the Danish Rights Alliance work together, we can create a robust framework to safeguard the value and integrity of sports content. We call on regulators, judges, and institutions across Europe to take note of this decision and strengthen their efforts to protect live sports. By aligning legal frameworks and fostering international alliances, we can ensure that the rights of all stakeholders in the sports ecosystem are respected and protected.”
Claus Thomsen, CEO of Danish League, says:
“This is a significant victory, as it has now been definitively established that the production and recording of football matches can be protected by copyright. With the opportunities provided by the Danish blocking system, we will explore how we can better safeguard Danish football content from illegal distribution. This will strengthen the sport as a whole, and I look forward to collaborating closely with our Danish broadcasters and the Rights Alliance on this matter.”
Lars Bo Jeppesen, EVP Viaplay Group & CEO Viaplay Denmark, says:
”It is a top priority for us at Vialay to combat the illegal distribution of sports content. Therefore, it is a significant milestone that LALIGA and the Rights Alliance have won the case, clearly establishing that live sports are protected through the Danish blocking system. This is a great benefit for us and other broadcasters in Denmark, and I look forward to building on this foundation to strengthen the protection of our content moving forward.”
The case explained
It all began in 2019 when the Danish Rights Alliance and LALIGA, for the first time in Denmark, obtained an injunction ruling establishing that websites that illegally offered streaming of live sports can and should be blocked. This led to the major illegal streaming sites in Denmark at that time being blocked. During the case one of the site’s operators appeared in court to contest the block. This was a rare case, as operators of illegal sites usually avoid participating willingly in legal proceedings.
In September 2019, the District Court of Frederiksberg issued a preliminary order whereby Danish internet service providers should block the site in question. The site has remained blocked in Denmark since then. The site’s operator, however, appealed the decision, and in 2020 the Court of Appeal upheld the initial order.
In late 2022, the District Court of Frederiksberg Court ruled on the case’s merits, confirming that LALIGA owns the copyrights to the production and recordings of the Spanish 1st and 2nd league, and that the operator of the site had infringed those rights, reaffirming that the site must remain blocked. This decision holds significant importance not only for Denmark but also internationally, as it was the first time a European court recognized that live sports are protected under copyright law in this way.
The operator of the service also appealed this ruling, but the Court of Appeal dismissed the appeal on December 11, 2024, bringing the case to an end. The court dismissed the case on the grounds that the operator failed to appear before the court.