Nigeria's Metro Digital copyright dispute headed for court

IDG News Service — Sun, 24 Aug 2008 18:31:35 -0700

In the wake of copyright infringement claims and subsequent raids by government operatives on Metro Digital, the company has denied all piracy charges and is bringing several lawsuits against the Nigerian Copyright Commission, the country's chief enforcer of copyright laws.

In June, NCC pointed to a raid on Metro Digital, a satellite and cable television provider, as part of a get-tough policy countering broadcast and software piracy in the country.

However, Metro Digital has filed lawsuits against the NCC for trespassing and human-rights violations. The cases are before Justice G.K. Olotu of the Federal High Court in Port Harcourt, who has fixed hearing dates for October 14 and November 6. Metro Digital, based in Port Harcourt, is asking for damages of more than US$200,000.

Metro Digital also has a monopoly practices case pending against a competing cable TV company, Entertainment Highway Limited (HiTV), which initiated the complaints against it that led to the raids, according to John Nwafor, managing director of Metro Digital.

"We had cause to write Metro Digital and its alter ego, Mr. John Nwafor, in respect of the piracy of our sporting channels," said Charles Ebuebu, head of legal and regulatory affairs at HiTV, in a letter to the IDG News service. HiTV had acquired the rights to the English Premier League (EPL) for Nigeria for a three-year period beginning from the 2007/2008 season.

"The signals to the EPL matches meant for the mid-east territory were illegally down-linked by the use of Showtime smart cards purchased in the mid-east and re-transmitted to subscribers in the Port Harcourt, Onitsha and Asaba areas of the country by Metro Digital," Ebuebu said."Consequently and upon an incessant breach of our rights to the matches by Metro Digital as stated above, a report was made to the NCC," he said. “On further noncompliance by Metro Digital ... antipiracy enforcement raids were conducted by the NCC on the premises of Metro Digital." The raids took place on Dec. 30, 2007, and on May 6.

NCC spokesman Olisa Obi corroborated HiTV's account in a telephone interview.

Metro Digital's Nwafor, however, says the raids were not conducted in accordance with legal procedures, and that HiTV exerted improper influence on the NCC to initiate its investigation. Nwafor also disputes the characterization, by the NCC and in press reports, of his subsequent treatment by authorities as an "arrest."

In an e-mail to the IDG News Service, Nwafor claimed in part that NCC "invaded the broadcast stations of Metro Digital Limited in Port Harcourt on December 30th 2007, using about 25 armed policemen rented from a local police station without a court order or search warrants as required by the Nigeria law. They vandalized the facility using knives and pliers to cut transmission lines from transmitters and damaged almost everything that has any value at the broadcast station. They left no information on why they vandalized the facility. They also carried away most of the damaged equipment."

Nwafor alleges that when Metro Digital tried to recover the equipment from the authorities the company was not able to make much progress because "HiTV has already paid them and gave them the instruction not to release our equipment to prevent us from getting back to air to service our subscribers."

Nwafor added that when he personally went to the authorities to recover the property "they insisted that I must write a statement before I will go. This is probably what they published in the newspaper as 'arrest,' to damage my name."

Nwafor also charges that when the NCC found out that Metro Digital purchased new equipment and went back on the air, the NCC "attacked again on the instruction from HiTV," vandalizing two Metro Digital facilities.

"They used a total of about 60 armed policemen and some hired thugs for maximum intimidation," Nwafor said. "They vandalized and destroyed everything they can find at the broadcast stations. Again without warrant or court order as required by the Nigeria law. Because of the level of corruption in the country, they have been getting away with things like this."

Metro Digital filed several lawsuits against the NCC at the Federal High Court in Port Harcourt on May 8, which resulted in a court order against NCC the next day restraining them from further invading the offices of the company, Nwafor said.

"The court also issued an order against NCC on the 16th May directing them to return all the equipment they damaged and carted away,” he added, claiming that NCC has refused to obey the court order.

HiTV's Ebuebu denies allegations of improper conduct. "HITV did not and would not bribe any organization or government official to protect its rights or investments," he said. A a criminal suit has been instituted by the NCC against Metro Digital as well as Nwafor, as required by the Nigerian Copyright Act, Ebuebu said.

"There is therefore no iota of truth in the complaint forwarded by Mr. Nwafor as he is deviously and deceitfully attempting to cover up the truth as regards his criminal activities. Mr. John Nwafor's company operates a pay-TV business that thrives on pirated programmes," Ebuebu wrote.

When contacted by the IDG News Service, NCC spokesman Obi confirmed HiTV's account, but has not yet responded in detail to all of Nwafor's complaints. All parties, however, will get a chance to air their grievances in the lawsuits due to be heard in the next few months.

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Nigeria's Metro Digital copyright dispute headed for court