The fact are:
1. Tellytrack ascertained that its local service was being displayed at the relevant Keith Ho and Playbet bookmaker outlets;
2. The display of Tellytrack in these premises was confirmed when the SA Police entered the premises;
3. Neither Keith Ho nor Playbet are licensed by Tellytrack to display any of its services in any of its premises; and
4. The subscription agreement with Multichoice permits the display of Tellytrack only in private homes, hotels, hospitals and prisons and NOT in bookmaker outlets, bars and restaurants.
Mr Cameron suggests that Mr Ho and Playbet have valid and legitimate grounds to argue that they are entitled to receive the televised broadcasting of horse racing events and more particularly from Turffontein and Fairview and that they do not recognise that the intellectual property rights contended for by Tellytrack in fact vest in them.
Tellytrack is under no obligation to make its services available to any person, whether in terms of any horse racing license condition or otherwise.
Where, on the other hand, Phumelela's horse racing license conditions do make reference to making visual broadcasts available, Phumelela has informed us that it has met its Turffontein and Fairview license conditions and will continue to do so.
There is no license condition, imposed on Phumelela, Gold Circle, Kenilworth Racing or Tellytrack, that requires Tellytrack to be made available to bookmakers.
The display of Tellytrack in bookmaker outlets using the Multichoice service is prohibited firstly by Tellytrack’s agreement with Multichoice and secondly by Multichoice’s agreement with the subscriber concerned.
Tellytrack is advised that the display of the Tellytrack service in bookmaker outlets is an infringement of Tellytrack’s copyright. Tellytrack has laid and will lay criminal charges against bookmakers who have been found or are found to infringe its copyright. Tellytrack has, and will continue to institute civil proceedings against infringers of its copyright.
The application brought by Mr Ho and Playbet for urgent relief against Tellytrack, was struck from the roll, with costs awarded to the respondents, including Tellytrack. This is another in a series of court actions in which costs have been awarded against Mr Cameron's clients. It would be surprising if the costs awarded against Mr Ho and Playbet were limited to the amounts reportedly suggested by Mr Cameron.