davieG Posted 3 February 2011 Posted 3 February 2011 BBC - http://www.bbc.co.uk/news/business-12355022 Broadcasters cannot stop customers using cheaper foreign satellite TV equipment to watch Premier League football, an EU legal adviser has said.A non-binding opinion from advocate Juliane Kokott of the European Court of Justice said a block breached EU laws. Portsmouth pub landlady Karen Murphy, fined for using Greek decoders, had argued the EU single market should let her use any European provider. Sky and ESPN have the broadcast rights to Premier League football in the UK. The satellite broadcaster has pumped billions into top flight English football since the league was founded in 1992, with the money given to clubs allowing them to buy some of the top names in the world. The European Court of Justice (ECJ) will make a ruling on the matter later this year. 'Damage interests'It also says it "would damage the interests of broadcasters and viewers of Premier League football across the EU". A spokesman added that if the advocate general's guidance was taken it would stop rights holders from marketing their properties in a way which meets the territorial and cultural demands of broadcasters. They said they hoped the ECJ would uphold current European law, which the league said was "framed to help promote, celebrate and develop the cultural differences within the EU". The Premier League also said that if European Commission wanted to create a pan-European licensing model for sports, film and music then it must go through the proper consultative and legislative processes, not use the courts. 'Contrary to EU law' The case at the European Court of Justice (ECJ) has been about whether a rights holder such as the Premier League can license its content on a country-by-country basis. Such a set-up has allowed the league to fully maximise the value of its rights. Although Advocate General Kokott's opinion is not binding, judges usually follow the guidance from the advocate. If they do, selling sport, movies, or any other content, on an exclusive territory-by-territory basis within the EU may no longer be possible. "The exclusivity agreement relating to transmission of football matches are contrary to European Union law," she said in her opinion. "(The) exclusivity rights in question have the effect of partitioning the internal market into quite separate national markets, something which constitutes a serious impairment of the freedom to provide services." FinedMs Murphy had been convicted for using the cheaper Greek satellite receiver to show top flight football in her pub. She used the Nova firm to show matches in the Red, White and Blue pub in Portsmouth as it was less expensive than Sky. Enforcers working on behalf of Football Association Premier League Limited (FAPL) - the private company which represents the broadcasting interests of the 20 English Premier League clubs - brought the prosecution saying only Sky TV had exclusive rights to show its games in the UK. She had to pay nearly £8,000 in fines and costs. Industry experts say satellite companies face having to reform - leading possibly to the creation of just a handful of pan-European broadcasters. It was pressure from Brussels which forced the Premier League to offer its live matches to more then one broadcaster, rather then just renew the exclusive deals it traditionally had with Sky. Packages were consequently taken up by Setanta, and when they went bust, by ESPN. Analysis Tim Franks BBC Sports NewsOn one matter, the plaintiffs and the defence agree. Karen Murphy's case at the European Court of Justice could herald a revolution. And it would not just be football and Sky which would be caught in the turmoil. Intellectual property rights across the European Union could be changed forever. For the first time, Saturday 3pm kick-offs would be widely available to watch on TV. A lure for many, certainly, but would it damage attendances at football grounds across the country? There could also be immense implications for how we can consume music, books and film. This is a point of permanent tension in the European project. How far can you have a single European market without any boundaries to impede its smooth flow? And how far are national borders not an obstacle, but a protection?
Dickie Greenleaf Posted 3 February 2011 Posted 3 February 2011 Less a problem for sky and more for smaller clubs who already struggle to attract people to 3 o clocks. Will be even harder if people's local boozer is showing a big PL game.
davieG Posted 3 February 2011 Author Posted 3 February 2011 Less a problem for sky and more for smaller clubs who already struggle to attract people to 3 o clocks. Will be even harder if people's local boozer is showing a big PL game. Well Sky are hardly going to pay billions for exclusive UK rights if they're not exclusive and if the local boozers showing your local and key games at whatever time who's going to pay watch it on sky Be interesting to know that if it's possible for a pub owner to buy it cheap from Europe if individual households can do the same.
Guest BlueBrett Posted 3 February 2011 Posted 3 February 2011 Interesting that this comes just as the site that I most often use for my streams has started coming up with this http://atdhe.net/index.html
CosbehFox Posted 3 February 2011 Posted 3 February 2011 Quite widespread already. The main reasoning for such actions is the way SKY charge pubs by square foot as opposed to a basic subscription rate. Interesting either way.
thurnbyfox Posted 3 February 2011 Posted 3 February 2011 Good and bad news with this. We have a family run pub in Silverstone and have had to recently get Sky removed due to the latest increase in monthly subscription. Obviously the fact that pubs such as ours may have a chance at showing live sports again is a plus but I just think this could have massive effects on football. If it goes through the next Sky deal with the FA/Football League will be worth no where near the current figure, which a lot of clubs particularly in the Football League depend on not to mention the potential drop in attendences. I fear that it could mean a lot of clubs entering administration again.
Bryn Posted 3 February 2011 Posted 3 February 2011 The game of football as it is will collapse sooner or later anyway, this will simply be another nail in the coffin.
Jon the Hat Posted 3 February 2011 Posted 3 February 2011 If Sky pay so much more then Sky will simply buy all the rights in the EU and put the prices up elsewhere to protect their core uk Market.
Guest ttfn Posted 3 February 2011 Posted 3 February 2011 If Sky pay so much more then Sky will simply buy all the rights in the EU and put the prices up elsewhere to protect their core uk Market. I doubt they'd be allowed under EU competition law.
marko Posted 3 February 2011 Posted 3 February 2011 If Sky pay so much more then Sky will simply buy all the rights in the EU and put the prices up elsewhere to protect their core uk Market. They can't do that under EU Competition Law - Article 102 prohibits Monopolies and abuse of dominant position. The Commission and ECJ would come down like a tonne of bricks on anything like this.
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