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TITLE Supreme Court Decision 2011Da31225 Decided May 29, 2014¡¼Injunction against Broadcasting Interference, etc.¡½ [full Text]
Summary
[1] Whether the ¡°freedom to broadcast programming,¡± giving shape to the freedom of broadcast, encompasses the freedom from any interference in the process of TV program transmission to the public, including any changes to the contents of the aired shows (affirmative)
[2] In a case where ¡°A¡± corporation, a TV advertisement service provider, recruited members among the subscribers to ¡°B¡± corporation et al., cable TV broadcasting service providers, and aired caption advertisements by connecting the advertisement distributing systems between television receivers in the members¡¯ possession and the cable TV set-top boxes in B et al.¡¯s possession, the case holding that A¡¯s advertisement infringes on B et al.¡¯s advertisement operating profits, and thus, constitutes a tort under the Civil Act; and that B et al. may claim for injunction against A from committing the act or having any third party commit the act
[3] In an adjudication procedure for establishing an execution title concerning a liability of nonfeasance, the requisite elements for ordering an indirect compulsory performance in anticipation of the obligor¡¯s failure to perform
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