Hot on the coattails of the CJEU’s ruling in GS Media (see here), the court’s Advocate General has come down hard on the seller of pre-configured media players which give access to pirated content over the Internet, in his advisory opinion in the Filmspeler case delivered last week.

In the AG’s view, the sale of such pre-configured devices itself constitutes a communication to the public and he also dismissed the application of the temporary copying defence in relation to reproduction of copyright works on such devices.

The opinion, whilst only advisory in nature, will be welcomed by rightsholders and broadcasters whose content is unlawfully redistributed via media players which are loaded with applications which give access to pirated content (such as Kodi-powered applications). The CJEU’s judgment is expected around March 2017.