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| Version 5 | Version 6 |
|---|---|
| Defeat in pub TV football appeal | Defeat in pub TV football appeal |
| (3 days later) | |
| A publican has suffered a setback in her High Court battle to use a foreign broadcaster - instead of BSkyB - to show live UK football to her customers. | A publican has suffered a setback in her High Court battle to use a foreign broadcaster - instead of BSkyB - to show live UK football to her customers. |
| Karen Murphy, who runs a pub in Southsea, Hampshire, was appealing against a copyright theft conviction. | Karen Murphy, who runs a pub in Southsea, Hampshire, was appealing against a copyright theft conviction. |
| She had used a dish which allowed her to receive UK games from Greek station Nova for £800 a year, instead of paying £6,000 a year for BSkyB. | She had used a dish which allowed her to receive UK games from Greek station Nova for £800 a year, instead of paying £6,000 a year for BSkyB. |
| Judges ruled against her appeal but it will now be reconsidered under EU laws. | Judges ruled against her appeal but it will now be reconsidered under EU laws. |
| Ms Murphy's use of the Greek equipment also allowed her to show live games on a Saturday afternoon, which the Premier League does not make available to companies broadcasting in England. | Ms Murphy's use of the Greek equipment also allowed her to show live games on a Saturday afternoon, which the Premier League does not make available to companies broadcasting in England. |
| Ms Murphy, who runs the Red, White and Blue pub, had argued she had not committed a crime under UK laws aimed at stopping criminal copyright theft. | Ms Murphy, who runs the Red, White and Blue pub, had argued she had not committed a crime under UK laws aimed at stopping criminal copyright theft. |
| But Lord Justice Pumfrey, sitting with Mr Justice Stanley Burnton, dismissed the appeal based on domestic law. | But Lord Justice Pumfrey, sitting with Mr Justice Stanley Burnton, dismissed the appeal based on domestic law. |
| He said BSkyB had the exclusive right to screen or broadcast the matches in question in the UK and it was "apparent" Ms Murphy knew that was the case. | He said BSkyB had the exclusive right to screen or broadcast the matches in question in the UK and it was "apparent" Ms Murphy knew that was the case. |
| The use of foreign satellite systems to screen Premier League football in the UK is copyright theft, pure and simple Dan Johnson Premier League | The use of foreign satellite systems to screen Premier League football in the UK is copyright theft, pure and simple Dan Johnson Premier League |
| But he added that the court had not heard arguments about whether European competition and free movement legislation might affect the case. | But he added that the court had not heard arguments about whether European competition and free movement legislation might affect the case. |
| In their statement, the judges said: "So far as the competition law case is concerned, we do not at present follow how it is to be developed, and this appeal must therefore be restored for these points to be argued if that is what the appellant want." they said. | In their statement, the judges said: "So far as the competition law case is concerned, we do not at present follow how it is to be developed, and this appeal must therefore be restored for these points to be argued if that is what the appellant want." they said. |
| The court granted Ms Murphy permission to reopen the appeal at a one-day hearing in January. | The court granted Ms Murphy permission to reopen the appeal at a one-day hearing in January. |
| Premier League spokesman Dan Johnson said: "We hope that publicans and others will now heed the advice of the courts and accept that the use of foreign satellite systems to screen Premier League football in the UK is copyright theft, pure and simple." | |
| In footballing terms we are in the half-time interval Paul Dixon, Karen Murphy's lawyer | In footballing terms we are in the half-time interval Paul Dixon, Karen Murphy's lawyer |
| But Ms Murphy's lawyer Paul Dixon stressed the case was not yet over. He said: "In footballing terms, we are in the half-time interval, and every football fan knows that the game is never over and nor is the result certain until the final whistle," he said. | But Ms Murphy's lawyer Paul Dixon stressed the case was not yet over. He said: "In footballing terms, we are in the half-time interval, and every football fan knows that the game is never over and nor is the result certain until the final whistle," he said. |
| "We have always said that this case is all about European law, and the High Court has not yet heard argument on the European Union issues," he added. | "We have always said that this case is all about European law, and the High Court has not yet heard argument on the European Union issues," he added. |
| There are several companies that install foreign satellite equipment in pubs in the UK, including Digital Sales, which is run by Joe Ibrahim. | There are several companies that install foreign satellite equipment in pubs in the UK, including Digital Sales, which is run by Joe Ibrahim. |
| Mr Ibrahim claimed that the ruling was unfair, and not consistent with copyright rules that covered other products. | Mr Ibrahim claimed that the ruling was unfair, and not consistent with copyright rules that covered other products. |
| "If what we're doing is illegal then it will stop people bringing European cars into Britain and if you buy a DVD in Europe and have it shipped to you in Britain then that will be deemed illegal too," he said. | "If what we're doing is illegal then it will stop people bringing European cars into Britain and if you buy a DVD in Europe and have it shipped to you in Britain then that will be deemed illegal too," he said. |