it has nothing to do with contracts. any publican showing a football match on a foreign tv / satellite subscription who does not have the rights to show that game in the uk is in breach of copyright law. regardless of your insistence on contracts.
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This comes under Civil law not Criminal & there has to be a dispute between two parties for one side to make a claim against the other. In this insance, the PL v A Pub.
In order for the Premier League to claim a dispute is present, they have to provide written , signed evidence that that both parties entered into an agreement & that the Pub has broken that agreement.
If they cannot provide this evidence, there is no dispute & the case cannot go further.
Remember, there has to be is dispute & that can only exist
if both sides are in a contract, if no contract exists, there can't be a dispute, & if there is no dispute, their is no case to answer by the publican.Comment
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Its mostly covered under criminal law -the Copyrights, Designs and Patents Act 1988 is the major piece of legislation used for such things.
Public performance (by a pub etc) would, at the least, be construed as a secondary infringement and/or importing an infringing copy. Quite simply, the foreign providers do not have the rights to sell 'public' access into the uk and anyone purchasing in the uk for such public performances is expected to be aware of this. Ignorance is NOT considered a valid defence. No contracts are necessary for violation of copyrright law, the act of making unlawful copies or providing public performances of copyrighted material is enough.Last edited by TheCoder; 4 February, 2012, 03:22.Comment
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In my eyes the foreign broadcasters are not breaking any laws. They have paid the premier league the show football on their Tv stations, but because thier footprint also covers the UK, The Uk landlords etc decide to take advantage of the situation and show live 3pm football in their pub via their Tv stations. How is it that the broadcasters should be prosecuted ? Its the publican who has intentionally gone out to get a foreign satellite installation, and that decision is no one elses but his/hers, Then he uses it to get more bums on seats and sell more beer.
I dont really understand what you mean about " signing contracts " with the premier league, thats why we have criminal and civil laws ? You know that speeding is breaking the law, but you have not signed a contract saying you will always drive in accordance to the highway code.
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Sums it up well mate.Comment
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Just thought id add my two cents on this issue by using another comparison. Regal kingsize made in UK and sold here for ?8 per 20 packet then go abroad and they can be bought for less than ?3 per 20. This is ok to bring home from the EU a certain amount for personal use, but to bring home and use for commercial profit would be unlawful. Hopefully not be the case but thats just as i see it.Comment
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This will be contested on what is defined as "permission".
If you buy a domestic sub of sly, you have permission to watch it in your home. If you are a publican and buy the expensive sly public broadcast rights, then you have permission to show this in a pub.
This would be the same for foreign broadcasts... If the premier league sell their rights to Nova - say, and Nova are allowed to resell the same way as Sly do, if a UK publican has purchased the correct sub for Nova, then hey can show this leagally in this country. However, if a publican has purchased a domestic sub from Nova, then they cannot show that in this country.
It is like an onion and has lots of layers, but that is definately the top and bottom of it. The only winners here are the barristers and solicitors.Comment
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just been watching the arsenal game and on all the channels...they now have fat premiere league logo on the screen......sure it wasn't there before....Comment
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Yep.. On Digisport 2 there is a Premier League logo on the bottom of the screen and I am sure that has never been there before.,.,!!Comment
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i checked on 5 different streams...all got it....so how can they show the footie without breaking copyright infringement now???Comment
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eye big fast epl badge on viasat football , nova , tring ,
didnt take that long eh ..we live in a ~~~~in greedy ~~~~er world ..dreambox 800 tech 500 ( ubuntu 10 .04)... 1 m dish v box 2 acuator ..Comment
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i wonder how n.ireland is affected by this ruling ,no epl !Comment
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Banner accross the top of nova sports saying "this broadcast is liscenced for viewing in greece only"
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Patience is a virtue.Comment
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no english commentry on nova sure we use to get english com likedreambox 800 tech 500 ( ubuntu 10 .04)... 1 m dish v box 2 acuator ..Comment
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