Muddying the water somewhat is the fact that NTDTV does not have a direct contractual relationship with Eutelsat (which is quite normal in the satellite operational business). Joseph Breham, NTDTV’s lawyer, says: “Eutelsat never signs contracts directly with a TV station. They pass the contracts on to wholesale companies, who then contract with the TV stations. If we follow the reasoning of the Court, Eutelsat can never be responsible for any signal it cuts belonging to any TV station.”

Breham also said that there are no legal grounds for the judge’s decision. According to Article 145 of the French Code of Civil Procedure, “If there is a legitimate reason to preserve or to establish, before any legal process, the evidence of the facts upon which the resolution of the dispute depends, legally permissible preparatory inquiries may be ordered at the request of any interested party, by way of a petition or by way of a summary procedure.”

NTDTV say they will appeal the court’s decision to a higher body.

In Eutelsat’s defence it must be said that they continue to themselves broadcast the channel over Europe.

http://www.rapidtvnews.com/index.php/200911235274/new-tang-dynasty-will-appeal-eutelsat-ruling.html