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Pub landlady Karen Murphy wins Premier League TV battle Pub landlady Karen Murphy wins Premier League TV battle
(3 days later)
Pub landlady Karen Murphy has won a legal battle at the high court in London to overturn her conviction for using a cut-price Greek satellite decoder to air Premier League football matches.Pub landlady Karen Murphy has won a legal battle at the high court in London to overturn her conviction for using a cut-price Greek satellite decoder to air Premier League football matches.
Murphy has spent six years fighting a prosecution involving £8,000 in fines and costs for bypassing BSkyB's official Premier League satellite feed to show matches cheaply at her Red, White and Blue pub in Southampton. Murphy has spent six years fighting a prosecution involving £8,000 in fines and costs for bypassing BSkyB's official Premier League satellite feed to show matches cheaply at her Red, White and Blue pub in Portsmouth.
On Friday the high court quashed her conviction because the Premier League had won its original case on the basis that Murphy was illegally airing the body's games copyrighted for use solely in Greece.On Friday the high court quashed her conviction because the Premier League had won its original case on the basis that Murphy was illegally airing the body's games copyrighted for use solely in Greece.
The European court of justice ruled last October that it was not possible to enforce copyright on a territory by territory basis.The European court of justice ruled last October that it was not possible to enforce copyright on a territory by territory basis.
However, it backed the Premier League, stating that it could take legal action on the basis that pubs that take foreign feeds are illegally broadcasting FAPL copyrighted elements in each match such as opening video sequences, theme music, on-screen graphics and highlights of previous matches.However, it backed the Premier League, stating that it could take legal action on the basis that pubs that take foreign feeds are illegally broadcasting FAPL copyrighted elements in each match such as opening video sequences, theme music, on-screen graphics and highlights of previous matches.
"The law gives us the right to prevent the unauthorised use of our copyrights in pubs and clubs when they are communicated to the public without our authority," said a spokesman for the Premier League. "That unauthorised use gives rise to both civil and criminal penalties.""The law gives us the right to prevent the unauthorised use of our copyrights in pubs and clubs when they are communicated to the public without our authority," said a spokesman for the Premier League. "That unauthorised use gives rise to both civil and criminal penalties."
The ECJ said that fans at home can buy foreign set-top boxes and decoder cards.The ECJ said that fans at home can buy foreign set-top boxes and decoder cards.
However, it said that the Premier League could pursue pubs and clubs that looked to benefit commercially from airing matches bought in at a lower price from foreign providers and bypassing offical rights holder BSkyB.However, it said that the Premier League could pursue pubs and clubs that looked to benefit commercially from airing matches bought in at a lower price from foreign providers and bypassing offical rights holder BSkyB.
"Should Mrs Murphy, or any other publican, use European Economic Area foreign satellite systems to show Premier League football on their premises without our authority and outside the scope of our authorisation, they make themselves liable for us to take action against them in both the civil and criminal courts," the Premier League spokesman."Should Mrs Murphy, or any other publican, use European Economic Area foreign satellite systems to show Premier League football on their premises without our authority and outside the scope of our authorisation, they make themselves liable for us to take action against them in both the civil and criminal courts," the Premier League spokesman.
Spokesmen for BSkyB and the Premier League said that previous rulings by the ECJ and the UK high court make it clear that it is illegal for pubs to use foreign decoders to air cheap sport.Spokesmen for BSkyB and the Premier League said that previous rulings by the ECJ and the UK high court make it clear that it is illegal for pubs to use foreign decoders to air cheap sport.
On 3 February a judgment was delivered by the UK high court on an ECJ ruling against a company called QC Leisure, a provider of Greek and Arabic decoder cards to publicans in the UK.On 3 February a judgment was delivered by the UK high court on an ECJ ruling against a company called QC Leisure, a provider of Greek and Arabic decoder cards to publicans in the UK.
Following the ruling another major supplier of foreign set-top boxes and cards, Euroview, shut down its current business operation.Following the ruling another major supplier of foreign set-top boxes and cards, Euroview, shut down its current business operation.
• This article was amended on 27 February 2012. The original said the Red, White and Blue pub is in Southampton. This has been corrected.
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