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Football by Satellite and the Law
Karen Murphy - ECJ Judgement Due/Delivered
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<blockquote data-quote="bigtee" data-source="post: 768134" data-attributes="member: 238440"><p>Well yes, in a sense! First let us focus on the consumer and leave out the pubs.</p><p></p><p>1. Until today's ruling* an ordinary consumer who used a foreign subscription card to watch PL football - in addition to other things like films etc - was strictly speaking committing an offence (ergo a criminal) except they had not been caught and convicted.</p><p></p><p>2. Now, even if the PL football is taken away from such cards, it is now confirmed that the consumer is not breaking any law by using such cards to watch a variety of programmes on the card ---- including blockbuster movies.</p><p></p><p>3. Many providers sell different 'levels' of card e.g. basic (with various programmes) but excluding premium content like films, cards including premium content like films, cards including 'extra' premium content like PL football or even other top level foreign football.</p><p></p><p>Following these ruling (a) foreign cards that offer basic programming should now be much more readily available (both short and long term) and are wholly legal; (b) foreign cards that include premium content like films are now also wholly legal but it is possible that longer term premium rights holders may find ways to make them less attractive (this may be on language restriction e.g. dubbing with no English audio or subtitle options); (c) cards with PL football --- short term should be more readily available to the private consumer but as for long term I adopt a wait and see attitude; (d) cards with overseas football but no PL football --- short term I expect to be readily available, as for long term I still expect to be largely available but I will also adopt a cautious wait and see attitude in relation to football within UEFA's control in particular.</p><p></p><p>Jumping on to the pubs for a moment: technically, they will still be able to broadcast the <em>football action/match itself lawfully as long as they find some way or other of avoiding screening the limited amount of material that the court said falls within 'protected works'</em>. For example, all it takes to avoid breaching copyright in the FA Anthem is to press the "mute" button on the TV/Receiver!</p><p></p><p>* I still have not read the case and I am still going by news reports.</p></blockquote><p></p>
[QUOTE="bigtee, post: 768134, member: 238440"] Well yes, in a sense! First let us focus on the consumer and leave out the pubs. 1. Until today's ruling* an ordinary consumer who used a foreign subscription card to watch PL football - in addition to other things like films etc - was strictly speaking committing an offence (ergo a criminal) except they had not been caught and convicted. 2. Now, even if the PL football is taken away from such cards, it is now confirmed that the consumer is not breaking any law by using such cards to watch a variety of programmes on the card ---- including blockbuster movies. 3. Many providers sell different 'levels' of card e.g. basic (with various programmes) but excluding premium content like films, cards including premium content like films, cards including 'extra' premium content like PL football or even other top level foreign football. Following these ruling (a) foreign cards that offer basic programming should now be much more readily available (both short and long term) and are wholly legal; (b) foreign cards that include premium content like films are now also wholly legal but it is possible that longer term premium rights holders may find ways to make them less attractive (this may be on language restriction e.g. dubbing with no English audio or subtitle options); (c) cards with PL football --- short term should be more readily available to the private consumer but as for long term I adopt a wait and see attitude; (d) cards with overseas football but no PL football --- short term I expect to be readily available, as for long term I still expect to be largely available but I will also adopt a cautious wait and see attitude in relation to football within UEFA's control in particular. Jumping on to the pubs for a moment: technically, they will still be able to broadcast the [i]football action/match itself lawfully as long as they find some way or other of avoiding screening the limited amount of material that the court said falls within 'protected works'[/i]. For example, all it takes to avoid breaching copyright in the FA Anthem is to press the "mute" button on the TV/Receiver! * I still have not read the case and I am still going by news reports. [/QUOTE]
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Football by Satellite and the Law
Karen Murphy - ECJ Judgement Due/Delivered
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