Yes, disseminating (renting out) DVDs before a new film has been released or while it is being played in cinemas for the first time is not admissible (infringement of Art. 12 Para. 1bis CopA). This constitutes unlawful and culpable conduct. The damage suffered due to loss of revenue was caused by “natural and adequate causality” resulting from the sale or rental of the DVDs, which was in itself a breach of Art.12 1bis CopA (cf. BGE 4a_142/2007 dated 26.9.2007).
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