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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: 790213" data-attributes="member: 238440"><p>Exactly! Of course the FAPL will continue to threaten and use the fear factor. Again, however, if the FAPL says it is a criminal matter too the question still remains: under what law are they now going to prosecute pubs using European-based provider subs?</p><p></p><p>Let us clarify the issue a little.</p><p></p><p>1. Criminal matter: we wait to see under what law the FAPL wants to prosecute/criminalise pubs using EU-based provider subs. <img src="https://www.satellites.co.uk/styles/default/xenforo/smilies/smile.png" class="smilie" loading="lazy" alt=":)" title="Smile :)" data-shortname=":)" /></p><p></p><p>2. Civil matter: </p><p>(a) there are ways that pubs can use EU-based provider subs without violating FAPL copyright; if a pub can achieve this, there is llareggub that the FAPL can do about it; </p><p>(b) even if a pub violates FAPL copyright, the primary remedy is in an award of damages ---- here we wait the outcome of the Patent court's decision on how much will be awarded against QC Leisure etc; the fact that the matter has been kicked to the Patents court is an indication that the amount will be relatively low; further, the court in the last judgment said already that copyright violation in the case was only to a "limited extent"; </p><p>(c) what can be an effective remedy is an injunction --- here again the court indicated that it was disposed against an injunction and could be satisfied with an undertaking from QC Leisure etc;</p><p>(d) one significant thing to worry about if sued by the FAPL would be legal costs --- but then again that could be covered by appropriate insurance.</p></blockquote><p></p>
[QUOTE="bigtee, post: 790213, member: 238440"] Exactly! Of course the FAPL will continue to threaten and use the fear factor. Again, however, if the FAPL says it is a criminal matter too the question still remains: under what law are they now going to prosecute pubs using European-based provider subs? Let us clarify the issue a little. 1. Criminal matter: we wait to see under what law the FAPL wants to prosecute/criminalise pubs using EU-based provider subs. :) 2. Civil matter: (a) there are ways that pubs can use EU-based provider subs without violating FAPL copyright; if a pub can achieve this, there is llareggub that the FAPL can do about it; (b) even if a pub violates FAPL copyright, the primary remedy is in an award of damages ---- here we wait the outcome of the Patent court's decision on how much will be awarded against QC Leisure etc; the fact that the matter has been kicked to the Patents court is an indication that the amount will be relatively low; further, the court in the last judgment said already that copyright violation in the case was only to a "limited extent"; (c) what can be an effective remedy is an injunction --- here again the court indicated that it was disposed against an injunction and could be satisfied with an undertaking from QC Leisure etc; (d) one significant thing to worry about if sued by the FAPL would be legal costs --- but then again that could be covered by appropriate insurance. [/QUOTE]
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Football by Satellite and the Law
Karen Murphy - ECJ Judgement Due/Delivered
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