TV Catch Up case for Luxembourg

It probably had to happen. ITV Broadcasting Ltd & Ors v TV Catch Up Ltd [2010] EWHC 3063 (Ch) (25 November 2010) (on an application to strike out, which was refused) has now been referred to the Court of Justice for a ruling on the meaning of "communication to the public" and whether streaming is a variety of that restricted act. That excellent service Out-Law has the story - read it there, while I write it up for the next podcast. But I will just mention that Out-Law tells us that the judge (Floyd J), who thinks that streaming is a form of communication to the public, is asking the Court of Justice whether he is right. Nicely put, but I doubt it's exactly how the expedition to Luxembourg is actually characterised.