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Will this open the door to legal BBC in North Cyprus

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greenman


Joined: 16/02/2008
Posts: 526

Message Posted:
03/02/2011 23:35

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Message 1 of 14 in Discussion

A European ruling today may open the door to eliminating the BBC's lock on legally receiving programmes outside of the UK. Sky cards bought in the UK may also be legally used anywhere in Europe if the judgement is upheld.

http://m.ft.com/cms/s/0/70111278-2f8d-11e0-834f-00144feabdc0.html



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
03/02/2011 23:52

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Message 2 of 14 in Discussion

The ruling will reduce the cost of Sky Sports.



Geoff


Joined: 25/06/2008
Posts: 1370

Message Posted:
04/02/2011 11:46

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Message 3 of 14 in Discussion

Legal or not, SKY cards bought in UK are already widely used everywhere else in Europe. The ruling, if upheld, would mean you could then subscribe to SKY using a non-UK address.

Geoff



StGeorgeI


Joined: 27/08/2009
Posts: 973

Message Posted:
04/02/2011 15:06

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Message 4 of 14 in Discussion

Won't let me read - can't register because of high volumes. Maybe you can cut and paste it on here greenman - it would be much easier?



Cheers,

G



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
04/02/2011 22:32

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Message 5 of 14 in Discussion

StGeorgeI, this is basically what the article was about:



A determined landlady has won a significant breakthrough in a legal battle that could transform the British pub trade by allowing premises to show Premier League games that are being broadcast by foreign networks.





Karen Murphy, who runs the Red, White and Blue pub in Portsmouth, is fighting a criminal and civil action brought against her after she began screening matches from the Greek broadcaster Nova, using a much cheaper decoder.



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
04/02/2011 22:33

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Message 6 of 14 in Discussion

Yesterday, in a landmark case called "Murphy's Law", Julie Kokott, Advocate General at the European Court of Justice in Luxembourg, found that she had the right to show the matches, advising the EU's highest court to rule in favour of renegade landlords. The advice could cause a revolution in the way media sports rights are sold across the continent, and is sure to be the target of furious lobbying by the Premier League and by Rupert Murdoch's BSkyB ahead of a final decision this year.



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
04/02/2011 22:33

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Message 7 of 14 in Discussion

Ms Murphy is in a bitter legal dispute with the Premier League which has lucrative exclusive deals, primarily with BSkyB but also with ESPN. For four years she has been fighting to overturn a criminal conviction for breach of the Premier League's copyright. She was fined 8,000 but has taken the case to the High Court on appeal.



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
04/02/2011 22:34

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Message 8 of 14 in Discussion

Legal experts said the finding could create serious problems for BSkyB, which Mr Murdoch's News Corp is seeking to buy outright, and the funding of Premier League clubs. Robert Vidal, head of EU, competition and trade at lawyers Taylor Wessing LLP, said: "[Mr] Murdoch has always been a cheerleader for the free market; however, on this occasion I doubt he will welcome the introduction of cross-border competition and the resulting drop in turnover and margins as Sky customers migrate to cheaper providers."



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
04/02/2011 22:34

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Message 9 of 14 in Discussion

The investment bank Jefferies believes that BSkyB makes about 200m a year from selling subscriptions to British pubs and other commercial premises. Paul Charity, editor of the Morning Advertiser, the magazine for the pub trade, said: "Anything that would mean licencees pay less would be welcome. The opinion has come as a bit of a shock to the pub trade because they thought that the copyright case was clearly in favour of Sky."





Ms Murphy's lawyer, Paul Dixon, said: "For the independent [pub] trade this gives them freedom to go out and buy television systems from broadcasters from any EU member state."



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
04/02/2011 22:35

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Message 10 of 14 in Discussion

The publican must now wait three months for a formal judgment from the court made by a panel of 13 judges. Mr Dixon said he was confident of success after the Advocate General's finding. "It's an opinion that matters because more often than not the court will follow the Advocate General's opinion." The Advocate-General's "opinion" is not legally binding, but the full panel of EU judges follows such advice in about 80 per cent of cases. That ruling will then be passed to the High Court in London.

The case was referred to Luxembourg by the High Court because of a perceived lack of clarity in the European law. It was heard at the European Court of Justice on 5 October and the Spanish and Italian governments were among those who made representations in support of the Premier League's position. The UK government argues that the Premier League's right to license its broadcast rights for a fee in each member state is "part of the essential function of its copyright".



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
04/02/2011 22:36

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Message 11 of 14 in Discussion

Ms Murphy's stance is being backed by the EFTA Surveillance Authority, which monitors compliance within the European Economic Area. The authority argues that a licensing agreement that prevents decoder cards being used outside a licensed territory "has as its object the prevention, restriction or distortion of competition".

The Tory MEP Emma McClarkin said that if the Premier League lost the case it would have "significant and detrimental" effects on the funding of grassroots sport in the UK. "This opinion is far more complicated than a simple David versus Goliath battle: money generated from television rights to sports are funnelled back into grass roots development, particularly in cricket and rugby. These are national football leagues that are being broadcast, and they should be subjected to national territorial rights agreements."



No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
04/02/2011 22:36

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Message 12 of 14 in Discussion

Sky in numbers



1.6bn The amount the Premier League will make from its current three-year Sky deal.



1bn Value of the Premier League's TV rights deals outside the UK over the same period.



70m Sky revenues at risk should commercial subscribers switch to cheaper foreign deals.



200m Amount BSkyB makes each year from selling subscriptions to pubs and other commercial organisations.



44,000 Number of commercial subscribers who have signed up to BSkyB packages.



StGeorgeI


Joined: 27/08/2009
Posts: 973

Message Posted:
07/02/2011 14:49

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Message 13 of 14 in Discussion

Cheers for that No1D - interesting read!



G



scoobydoo


Joined: 10/11/2008
Posts: 2434

Message Posted:
07/02/2011 21:36

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Message 14 of 14 in Discussion

I think I will go south and buy a box from Nova Cyprus now and subscribe to one of their packages!



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