At the end of March, when Tellytrack’s new agreement with Multichoice commenced, customers who had subscribed for Multichoice’s “Pubs and Clubs package” (which included Bookmakers) were duly notified by Multichoice and found that Channel 239 (“Tellytrack”) had been disabled.
Bookmakers who are now displaying Channel 239 have therefore deliberately signed a NEW subscription contract (such as a “Home”, “Hotel, Hospital or Prison” package) with Multichoice.
In doing so, they would have had to misrepresent to Multichoice the purpose for which such package would be used. These bookmakers have therefore not merely “continued to broadcast”, their acts are deliberate and misleading vis-à-vis Multichoice and are a flagrant breach of Tellytrack’s copyright.
Tellytrack holds no racing license and is under no obligation to make its content available to bookmakers.
Phumelela’s Turffontein racing license requires it to make visual broadcasts of races taking place at Turffontein available to Gauteng bookmakers. Phumelela’s Fairview racing license requires it to make broadcasts of Fairview races to Eastern Cape bookmakers. Phumelela does not have any license condition which requires it to make Tellytrack available to any, let alone to all bookmakers. Phumelela has met and continues to meet all of its license conditions.
By analogy, if it were lawful for someone to steal the car from a seller if the buyer did not like the price, it would be lawful for bookmakers such as Hollywood to display Channel 239 in their betting shops.
It is clearly not lawful to do so and Tellytrack and its partners will take all steps as are available to them, both in civil as well as in criminal process, to protect their rights and recover their damages.
TELLYTRACK & PHUMELELA JOINT PRESS RELEASE
O5 August 2014
