Following the decision of the Eastern High Court on 4 December 2020, where the High Court rejected nine cases of alleged copyright infringement for films, three new sensational decisions have been made by the bailiff’s court in Frederiksberg.
Copyright Management Services Ltd has, despite the 12 decisions of the Eastern High Court on lack of jurisdiction, tried to enforce default judgments in similar cases. The three rulings are found to be startling, as the bailiff’s court actively intervenes and relates to the substantive content of the absenteeism sentences, as well as rejects the enforcement.
The bailiff’s court states
”Since the judgment holder after the default judgment of 21 May 2019 in case BS10100 / 2019-FRB has thus proved to be a company that was not the right plaintiff, and which was not entitled to process personal data about the defendant, now convicted, and since it claims, the company has been granted at the conclusion of the judgment, rests on the positively incorrect information provided by the company, including about “divisions” of the film, the judgment is then a nullity that can not form the basis for enforcement pursuant to the Administration of Justice Act § 478, para. 1, no. 1, and § 480, and the court therefore rejects the case, cf. the Administration of Justice Act § 489, para. 1. ”
With these rulings, it will be expected that other jurisdictions will follow suit and reject enforcement in similar cases.
If you yourself or have knowledge of someone who is to appear in the bailiff’s court in these copyright cases, it may be an advantage to contact us.