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Football by Satellite and the Law
3pm EPL Footie games and the law ?
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<blockquote data-quote="bigtee" data-source="post: 677978" data-attributes="member: 238440"><p>Nope; what I stated is accurate in law.</p><p></p><p>The breaking of Nova's terms and conditions is in truth a red herring. Go and read the cases (Murphy, QV Leisure etc) you will see that Sly/EPL etc do not make an issue of the breach of Nova's terms and conditions. Firstly, it has nothing to do with the criminality or otherwise of the use of the card. Secondly, in the case of Karen Murphy she bought the card from a middleman and it will be difficult if not impossible for Nova to sue her for breach of contract --- which is all the so-called "breach of terms and conditions" is. Third, who says that a court of law will necessarily uphold Nova's (or for that matter Sly's) "terms and conditions" restricting otherwise lawful use of a card? I can think of a number of legal arguments to circumvent it.</p><p></p><p>With respect to Spanish Liga, French league etc, it is irrelevant <em>under s.297</em> that Sly has the UK rights ---- a person who watches it in the UK with a foreign card is not committing an offence insofar as the "transmission" does not "originate" in the UK.</p><p></p><p>Interestingly, below is what the minister responsible for the issue in 2006 said in a written answer to a parliamentary question:</p></blockquote><p></p>
[QUOTE="bigtee, post: 677978, member: 238440"] Nope; what I stated is accurate in law. The breaking of Nova's terms and conditions is in truth a red herring. Go and read the cases (Murphy, QV Leisure etc) you will see that Sly/EPL etc do not make an issue of the breach of Nova's terms and conditions. Firstly, it has nothing to do with the criminality or otherwise of the use of the card. Secondly, in the case of Karen Murphy she bought the card from a middleman and it will be difficult if not impossible for Nova to sue her for breach of contract --- which is all the so-called "breach of terms and conditions" is. Third, who says that a court of law will necessarily uphold Nova's (or for that matter Sly's) "terms and conditions" restricting otherwise lawful use of a card? I can think of a number of legal arguments to circumvent it. With respect to Spanish Liga, French league etc, it is irrelevant [i]under s.297[/i] that Sly has the UK rights ---- a person who watches it in the UK with a foreign card is not committing an offence insofar as the "transmission" does not "originate" in the UK. Interestingly, below is what the minister responsible for the issue in 2006 said in a written answer to a parliamentary question: [/QUOTE]
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