In Chellomedia v Buma2 the Supreme Court ruled that the transmission of coded, non-public satellite signals does not constitute a disclosure of copyrighted material contained in the signal.
The Supreme Court’s ruling establishes that the concept of "disclosure" in the Dutch Copyright Act should be interpreted in conformity with the concepts of "communication to the public" of Directive 2001/29/EG and "public" of Directive 93/83/EEG. Pursuant to earlier case law of the European Court of Justice, the term "public" refers to an indefinite number of potential listeners and/or viewers. Therefore, the term "disclosure" does not include the transmission of a signal to cable terminals and so called “DTH platforms”, which can only be decoded by professional equipment that is not available to consumers.
As a result, no compensation for the copyright holders (represented by Buma) is due for such transmission.