Closed period row rumbles on
The row over closed-period football screening is rumbling on after Friday's Crown Court victory for a Greater Manchester licensee.
Brian Gannon of the Fisherman's Inn near Rochdale, succesfully appealed a prosecution by the Federation of Copyright Theft (FACT), for showing a Chelsea match at 3pm on a Saturday.
Ray Hoskin of Media Protection Services, the group which has taken over responsibility for prosecutions from FACT, told morningadvertiser.co.uk on Friday that the case was won on a technicality.
It is a benchmark decision on the issue of criminal liabilityMr Gannon's legal representative Paul Dixon
He said it had no bearing on future cases and had not cleared the way for closed-period screening.
However, Gannon's legal team has today issued a statement claiming a 'landmark' decision.
The statement quotes Paul Dixon who represented Mr Gannon at the appeal and says: "This is a landmark case. Not only is it the first significant legal authority on this emerging area of law, but it reinforces my view that prosecutions such as this are being driven by the F.A.P.L. and Sky to protect their commercial monopolies.
"Whilst this case was about a "closed period" match, the generic principles apply to all live satellite broadcasts of FAPL matches. It is a benchmark decision on the issue of criminal liability."
The claims from both sides have added to the confusion over the legality of foreign satellite veiwing and the Morning Advertriser has been inundated by calls from licensees who want to know the legal position.
Morning Advertiser legal expert Peter Coulson still feels it is too early to declare open season on closed period football.
He said: "The screening of live football matches in pubs during the stated period on a Saturday afternoon is still a breach of copyright and those committing the breach can still be prosecuted."
To see Friday's story and a comment from Mr Gannon click here
