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shaunbhoy
4th October 2010, 16:11
The football industry is fond of using ‘David and Goliath’ imagery to illuminate cup games between the impoverished and the enriched but a far more important battle between a publican from Portsmouth and the combined forces of the world’s most powerful league and most powerful broadcaster, is set to take place this week.

Karen Murphy, owner of The Red, White and Blue pub in Portsmouth was ordered to pay fines and costs totalling £8000 for showing “illegal” broadcasts of FA Premier League games after buying a subscription to Greek broadcaster, NOVA. NOVA own broadcast rights for the league in Greece but customers in the UK are prohibited from using NOVAs subscription due to FA Premier League terms and conditions, which prohibits the use of broadcaster’s decoder cards outside their home territory.

At considerable personal expense, Karen Murphy has stood firm against the might of the FA Premier League lawyers and this week takes her case to the European Court of Justice, asking that the case against her be dismissed on the grounds that the league’s conditions of sale amount to a restriction on the freedom of trade.

One of the core tenets of European Law is the freedom of movement of goods and services between member nations, which a restrictive covenant asserting sales territories based on national boundaries clearly flouts. The European Court of Justice has never been asked to rule on these rights before so there is considerable concern at the FA Premier League, and its member clubs, that this decision will go against them.

Karen Murphy pays approximately 10% of the UK fee for her NOVA subscription, if she wins her case, the floodgates would be open for all commercial and domestic subscribers to ditch their expensive BSkyB subscriptions and buy them same product from Greece or elsewhere. Her case is being described as the Bosman of TV rights, as the same court previously ruled in favour of Jean-Marc Bosman when he challenged the decades old football transfer system which tied out-of-contract players to their previous clubs.

The FA Premier League’s current £1.78bn 3-year-deal with BSkyB started this summer, a condition of which is that the League restricts cross-national trade. My understanding is that the contract would become invalid if the European Court of Justice rule in favour of an open broadcast market.

European football has suffered from the tyranny of the BSkyB-FA Premier League relationship, which has skewed on-field results away from the meritocracy of coaching and scouting towards income like no other time in history.

Good luck to her. High time these monopolistic scumbags were forced to level the playing field and stop bleeding the ordinary supporters white to pay exorbitant wages to underachievers!!

:tantrum:

AtW
4th October 2010, 16:14
Won't work - EU somehow approved right of manufacturers to prevent grey import into EU thus allowing tulip like multiple DVD regions :mad

shaunbhoy
4th October 2010, 16:17
Won't work - EU somehow approved right of manufacturers to prevent grey import into EU thus allowing tulip like multiple DVD regions :mad

Worked for Bosman.

ItsQuickerAntiClockwise
4th October 2010, 16:17
Hope she wins. Remember its all us suckers paying through the nose for our Sky TV subscriptions that are funding the likes of Wayne Rooney etc. Lower the cost and force them to all live on 20 grand a week instead.

Its a clear restriction of trade as far as I can see. Where else would you be able to set up a monopoly like that?

darmstadt
4th October 2010, 19:00
I doubt she'll win. If you live on mainland europe you can't get a UK sky subscription due to these licensing laws and I'm sure someone has tried this before. I even have Sky here but its German sky and I get the Premiere league with English commentary but interstingly enough its not the Sky commentators but I believe the Premiere League commentary. This is a restriction of trade but old Murdoch and his media cronies have the politicos all wrapped around their little fingers. BTW, this case has been going on for years...

gricerboy
4th October 2010, 19:47
Was there really any need to be so verbose? I'd have read it otherwise.

BoredBloke
5th October 2010, 08:59
Her main argument is that if she wanted to buy a car then she can buy one anywhere in europe. However if she wants football she has to buy from one source at a cost way above that charged by other providers in Europe. But the counter is that sky charge a hefty premium for football to be shown in the UK, simply because there is more demand for it in the UK than elsewhere in Europe. eg you don't get many people signing up for Sky because you get to see Spanish football. Those selling it in Greece are doing so based on the product being less valuable in their market.

I think the courts could easily come down on either side but given one has a truck load of money at stake I suspect that they will side with them!

gingerjedi
5th October 2010, 09:29
Her main argument is that if she wanted to buy a car then she can buy one anywhere in europe. However if she wants football she has to buy from one source at a cost way above that charged by other providers in Europe. But the counter is that sky charge a hefty premium for football to be shown in the UK, simply because there is more demand for it in the UK than elsewhere in Europe. eg you don't get many people signing up for Sky because you get to see Spanish football. Those selling it in Greece are doing so based on the product being less valuable in their market.

I think the courts could easily come down on either side but given one has a truck load of money at stake, controls the media in 75% of the world and owns your soul I suspect that they will side with them!

FTFY

gingerjedi
5th October 2010, 09:54
WHS.

However, one may may earnestly hope that there's a "Rosebud" moment sometime soon.



I'm with you comrade, we'll communicate in semaphore... unless it's foggy.

Sysman
5th October 2010, 10:08
I think the courts could easily come down on either side but given one has a truck load of money at stake I suspect that they will side with them!

Even if she gets away with it, they'll change some Ts&Cs or laws somewhere so that others can't take advantage. There's potentially a lot more than live sport riding on this one.

Ignis Fatuus
5th October 2010, 10:34
Her main argument is that if she wanted to buy a car then she can buy one anywhere in europe. However if she wants football she has to buy from one source at a cost way above that charged by other providers in Europe. But the counter is that sky charge a hefty premium for football to be shown in the UK, simply because there is more demand for it in the UK than elsewhere in Europe. eg you don't get many people signing up for Sky because you get to see Spanish football. Those selling it in Greece are doing so based on the product being less valuable in their market.

I think the courts could easily come down on either side but given one has a truck load of money at stake I suspect that they will side with them!the counter is that sky charge a hefty premium for football to be shown in the UK, simply because the British sheeple are more easily fleeced than most. It is not for nothing that businesses call it Treasure Island.