Feeds

Brussels to rule on cheap pub football sat decoders

UEFA claims copyright infringement

High performance access to file storage

The Court of Justice of the European Union (CJEU) has been asked whether football rights holders can stop a company importing cheap satellite television decoder cards to allow games to be shown in pubs.

Football's European governing body UEFA has sued Euroview, which imports decoder cards from elsewhere in the EU allowing pubs access to matches from foreign television feeds at a fraction of the cost of paying for rights from UK broadcasters.

The High Court has said that the CJEU can resolve aspects of the dispute, in which UEFA claims its copyrights are being infringed.

It is the second such case to be referred to the CJEU from the High Court. The English Football Association Premier League (FAPL) and QC Leisure and AV Station are still waiting for answers to the questions referred to the CJEU in a similar case in 2008.

The European Union is founded on the principle that cross border trade should be free and unfettered, but the football rights market is based on the ability of sporting bodies to sell rights to broadcasters in each country for very different prices.

Because interest in English football is far greater in the UK than other EU countries it can demand a much higher fee from broadcasters here. Those broadcasters then charge householders and pubs fees to view games.

In the FAPL case it was estimated that pubs would have to pay £6,000 a year to Sky Sports for matches they could show via foreign-bought decoders for £800.

UEFA claims that its copyright is infringed when foreign decoding systems are used to show football matches in UK pubs without a licence from it. It said that if Euroview's practice was allowed to continue then whichever country had the cheapest access to a particular event would become the de-facto EU-wide broadcaster for it.

Euroview claimed that it was protected by Section 28A of the Copyright Designs and Patents Act, a section which implements EU law on satellite re-broadcasting. This section gives a broadcaster immunity from copyright infringements that are temporary and essential to the operation of a broadcasting system.

QC Leisure and AV Station relied on the same argument in their case and the High Court said that because that case involved a clash of EU copyright and trade laws, the CJEU should be asked to interpret the laws.

Euroview asked the High Court to put its case on hold until the CJEU had ruled in the FAPL case because the questions to be asked would be very similar, but Mr Justice Kitchin, who had presided over both cases, said that questions should be referred in this case as well.

The Court said that if it refused to make a reference now it would be denying UEFA the chance to argue in front of the CJEU that the importing of decoding systems was against the law, and so ordered that the case be referred to the CJEU.

Copyright © 2010, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

3 Big data security analytics techniques

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Whoever you vote for, Google gets in
Report uncovers giant octopus squid of lobbying influence
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Banks slap Olympus with £160 MEEELLION lawsuit
Scandal hit camera maker just can't shake off its past
prev story

Whitepapers

Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.