A few months ago Sky UK ( Sky
Broadband ) won a WIPO domain name
dispute against a website
( Skysportslive.** ) that was streaming
their TV content without permission. But
despite taking ownership Sky has
forgotten to shut it down and the domain
continues to offer links to pirated
streams. Awkward.
Ordinarily copyright holders would tackle
such things by seeking a court ordered
injunction against such sites, which would
be followed by a requirement for all of the
major ISPs, including of course Sky
Broadband , to block the domain. Sadly
such blocks remain very easy to
circumvent.
However in this case TorrentFreak reports
that Sky were able to raise a Trade Mark
dispute through the World International
Property Organization (WIPO), which a
few weeks ago ruled in their favour and
passed control of the domain back to Sky
( the ruling ).
WIPO Case DTV2016-0001
In this case, it is clear that the
purpose of registering the disputed
domain name was primarily to rely
on the value of the Mark in order to
confuse Internet users into
believing that the website
connected to the domain name was
associated with the Complainant’s
services, to attract Internet users
to the Respondent’s website,
generate revenue, and to offer
visitors to it genuine content
without license or authorization,
causing detriment to the
Complainant.
The domain was subsequently transferred
to “ Sky UK Limited ” (a WHOIS check
confirms that the domain was last
updated on 28th April 2016), but Sky
neglected to shut it down completely and
as a result the website’s DNS details have
continued to direct visitors towards links
for pirated video streams of Sky’s content
that are stored remotely on another
server ( Crichd.** ). The remote server is of
course owned by the same people who
previously ran Skysportslive.** .
The embarrassing situation means that
Sky have unintentionally been supporting
piracy against their own content,
assuming it can still be considered piracy
if Sky themselves are linking to it? On the
other hand it’s possible that Sky might be
using the domain to monitor users who
watch unauthorised streams.
In any case we fully expect this oversight
to be dealt with now that it’s been thrown
around the news. We have also asked for
Sky’s comment and are awaiting their
response.

Advertisements