Premier League fans can buy cheap foreign TV coverage, EU rules

[jase]

Premier League fans can buy cheap foreign TV coverage, EU rules | Media | guardian.co.uk


• European Union's highest court rules it is not illegal for football fans to buy set top box decoder cards from foreign broadcasters
• Ruling could have huge impact on the way BSkyB and other broadcasters buy rights to sport, movies and foreign TV shows

Football fans will potentially be able to watch cut-price Premier League matches, after the European Union's highest court ruled on Tuesday that it is not illegal for individuals to buy set top box decoder cards from foreign broadcasters.

The European court of justice ruled that the FA Premier League cannot stop individuals from seeking better deals for TV sports subscriptions than that offered by BSkyB – which paid more than £1bn for the UK broadcast rights for Premier League matches – from foreign broadcasters.

The ECJ said attempting to prohibit the "import, sale or use of foreign decoder cards is contrary to the freedom to provide services and cannot be justified either in light of the objective of protecting intellectual property rights or by the objective of encouraging the public to attend football stadiums".

However, the court ruled against the bid by Karen Murphy, the landlady of the Red, White and Blue pub in Portsmouth, to be allowed to use a Greek decoder card to show live Premier League matches to pub goers at much cheaper rates than BSkyB charges commercial premises in the UK on copyright grounds.

The ECJ said the transmission in a pub is a "communication to the public", which means that without the permission of the FA Premier League Murphy is in breach of the copyright directive. This directive would not stop individuals buying foreign decoder cards for domestic use.

The FA Premier League, which sells TV rights exclusively to broadcasters across Europe on a territory-by-territory basis, has been clamping down on British pubs buying in live coverage from foreign broadcasters.

The ECJ ruling could potentially have a huge impact on the way BSkyB and other UK and European broadcasters buy rights to sport, films and foreign TV shows. Sky's share price was down by just over 3% to 635.50p at about 9.20am on Tuesday, as the City reacted to the European ruling.

More details soon.

 

[**override**]

This is what we need too know more about......

However, the court ruled against the bid by Karen Murphy, the landlady of the Red, White and Blue pub in Portsmouth, to be allowed to use a Greek decoder card to show live Premier League matches to pub goers at much cheaper rates than BSkyB charges commercial premises in the UK on copyright grounds.

The ECJ said the transmission in a pub is a "communication to the public", which means that without the permission of the FA Premier League Murphy is in breach of the copyright directive. This directive would not stop individuals buying foreign decoder cards for domestic use.

 

[jase]

The landmark ruling will allow pubs to show football matches via the cheaper satellite devices, but only if rights holders allow.

Judges warned that "protected works", which could include the opening sequence or the Premier League anthem, were subject to copyright and their broadcast will require the permission of the "author of the works".

so if the foreign sats only broadcast the actual footy then it should be ok
cant wait to see how this pans out

regards
jase

 

[digidude]

slys take on it

FromDTH Marketing) [mailto:############@bskyb.com]
To: CLASSIFIED!!! (digidude)
Sent: 04 October 2011 10:53
Subject: European Court Of Justice Ruling



NEWS FROM THE EUROPEAN COURT OF JUSTICE



After a long running legal case between, amongst others, the Premier League and a pub landlady from Portsmouth, the European Court of Justice (ECJ) has today ruled in the case.



It all began in 2006 when Karen Murphy was taken to court for using a Greek decoder card to show live Premier League matches in her pub.



Foreign broadcasters pay considerably less for Premier League rights than UK broadcasters which is one reason why they can offer commercial subscriptions at considerably lower prices. Foreign broadcasters also have access to Saturday afternoon matches, whereas Sky and ESPN do not. This is because of a UEFA/FA rule which prohibits domestic broadcasters – like Sky and ESPN - from showing the 3pm games. The rule is in place to help protect attendances at matches.



The Premier League successfully took legal action against the landlady, but following an appeal by Mrs Murphy, the case eventually ended up in the ECJ. This court deals with some of the most complex and important cases of European law. The legal arguments centred on how rights are sold in the EU, in particular whether exclusive country by country agreements are allowed.



Today’s judgment has clarified the law. The decision is likely to have implications for both rights owners, such as the Premier League, as well as broadcasters, such as Sky.

It will take time for all parties to consider the full implications of the judgment.

We will keep you informed as the implications become clearer, and we hope to have an updated view for you later today.

What to say if a customer asks about the ruling:

“Today’s judgment has clarified the law. We’re working to understand the full implications of the judgment and don’t have any more information at this stage.”



Regards

Sky Homes & Independent Retailer Team




Information in this email including any attachments may be privileged, confidential and is intended exclusively for the addressee. The views expressed may not be official policy, but the personal views of the originator. If you have received it in error, please notify the sender by return e-mail and delete it from your system. You should not reproduce, distribute, store, retransmit, use or disclose its contents to anyone. Please note we reserve the right to monitor all e-mail communication through our internal and external networks. SKY and the SKY marks are trade marks of British Sky Broadcasting Group plc and are used under licence. British Sky Broadcasting Limited (Registration No. 2906991), Sky Interactive Limited (Registration No. 3554332), Sky-In-Home Service Limited (Registration No. 2067075) and Sky Subscribers Services Limited (Registration No. 2340150) are direct or indirect subsidiaries of British Sky Broadcasting Group plc (Registration No. 2247735). All of the companies mentioned in this paragraph are incorporated in England and Wales and share the same registered office at Grant Way, Isleworth, Middlesex TW7 5QD.

 

[digidude]

i cant wait till i get home to check out the pub forums, i bet MA's 'legal advisor' wants to curl up in a ball somewhere and die, for years, EVERYONE has been wrong, according to him, when they said that sky couldnt win

even after this, sky will still ensure they dont lose, by appealing, and by paying the FAPL to insert on screen DOG at source on the uplink from the actual game

good job modern TVs have zoom functions

 

[jase]

i cant wait till i get home to check out the pub forums, i bet MA's 'legal advisor' wants to curl up in a ball somewhere and die, for years, EVERYONE has been wrong, according to him, when they said that sky couldnt win

even after this, sky will still ensure they dont lose, by appealing, and by paying the FAPL to insert on screen DOG at source on the uplink from the actual game

good job modern TVs have zoom functions

i think the logo would get blurred in real time (like the screener movies logo`s) by the foreign broadcaster.
they`ll find a way if it sells more cards


regards
jase

 

[gooner71]

i think the logo would get blurred in real time (like the screener movies logo`s) by the foreign broadcaster.
they`ll find a way if it sells more cards


regards
jase

And then they wont get the rights when they are next up for grabs!! The foreign broadcasters would love a slice of the UK market but they wont cut off their noses to spite their faces!! They need the EPL to keep their viewing figures in their home market - if they lose the rights their home leagues wouldnt pull in subscribers in the same amount!!

 

[jenreban]

while it seems as a victory for karen murphy.
which it should have been acording to EU law
funny how the judges still put a spanner in the works by "suggesting" that any logo's or copyrighted intro music will break the law.
seems to me they will happily break their own laws for big business.
times we live in !

 

[digidude]

itll be like american football, and spoil the telly, a goal is scored, and the tunes ring out.

on another note, ive actually just been for a few pints in the exact pub (and geo tagged myself on facebook for proof ). the portsmouth local paper has a 6 page write up on it (which i bought) and i also took a few pics (i been following karen murphys case since the start, so its like a mecca for me, but with real people involved lol)

the fapl will now spoil the entire viewing experience just to bring in more money from sly, the stadium feed will now include copyrighted material, so really, theyve shot themselfs in the foot with their own greed, as they now have to ensure copyrighted material is present to keep people on the 'wrong' side of copyright (which is still a civil matter) law while the whole broadcast takes place

its the end of the obscenely high footy fees for players though, which in my opinion is a good thing