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Thread: Pub landlady vs Premier League and TV Broadcast rights across Europe

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    Pub landlady vs Premier League and TV Broadcast rights across Europe

    A court has been advised that EU law does not prohibit pubs showing live Premier League matches from foreign broadcasters.

    This continues from this story:
    http://www.satandpcguy.com/forum/sho...ill-It-Benefit
    where Portmouth pub landlady Karen Murphy showed Greek Novasports in her pub, meaning she was showing FA Premier League matches using a viewing card from another EU country, and not subscrbing to Sky UK or ESPN who have the rights for the UK.

    Note that this is not law or anything legal.
    It is just that the court has been advised on a decision.
    If the case is won this would spark a revolution in the way media sports rights are sold across the continent, not just in the UK, but across the whole of Europe.

    Julianne Kokott, one of eight Advocate General of the European Court of Justice (ECJ), said smart cards could not be restricted to a single territory and to do otherwise would be in contravention of the single open market. “The marketing of broadcasting rights on the basis of territorial exclusivity is tantamount to profiting from the elimination of the internal market,” she said

    The case was referred to the ECJ by the High Court in London following an action brought by the Premier League against a company called QC Leisure, which sells subscriptions of foreign pay-TV platforms to people in the UK.

    In a strongly worded statement, the Premier League said that if the opinion was reflected in the ECJ judgment, it would prevent rights holders across Europe from marketing their rights in a way which meets demand from broadcasters whose clear preference is to acquire, and pay for, exclusive rights within their own territory only and to use those rights to create services which satisfy the cultural preferences of their viewers within that territory. “If the European Commission wants to create a pan-European licensing model for sports, film and music then it must go through the proper consultative and legislative processes to change the law rather than attempting to force through legislative changes via the courts. The ECJ is there to enforce the law, not change it”.

    An FA Premer League spokesman said that the advocate general's view did not appear to be compatible with the "existing body of EU case law".

    The Premier League said that if the European Commission "wants to create a pan-European licensing model for sports, film and music then it must go through the proper consultative and legislative processes to change the law rather than attempting to force through legislative changes via the courts".

    "The ECJ is there to enforce the law, not change it," the spokesman said
    Last edited by satandpcguy; 7th February 2011 at 08:45 AM.
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