Murphy loses landmark foreign satellite case
High Court judges have ruled against Karen Murphy in the landmark foreign satellite case.
The case gives the clearest indication yet that the use of foreign satellite systems to screen Premiership football games is illegal.
Murphy, of the Red, White & Blue in Portsmouth, was appealing against her conviction for screening Premiership football via Greek channel Nova Supersport.
Lord Justice Pumfrey and Mr Justice Stanley Burnton ruled that the satellite signal was broadcast from England and that the fee payable was that to Sky and not to Nova.
We hope that licensees accept that the use of foreign satellite systems to screen Premier League football in the UK is copyright theft, pure and simpleDan JohnsonPremier League
But the pair have given Murphy's team a glimmer of hope - they will have a day in the New Year to argue their case under European competition law.
Jubilant Premier League
The Premier League welcomed the High Court's decision. "We are extremely pleased that the High Court has endorsed the judgments of the Crown and Magistrate Courts as well as the position consistently presented by the Premier League and Media Protection Services to the licensed trade," said Premier League spokesman Dan Johnson.
"We hope that licensees and others will now heed the advice of the Courts and accept that the use of foreign satellite systems to screen Premier League football in the UK is copyright theft, pure and simple.
"It has never been our desire to prosecute individual licensees, but where the law has been repeatedly ignored we have been left with little choice but to seek recourse to the Courts. This will remain the case going forward.
"We will also continue our actions against the suppliers of illegal foreign satellite systems, and would welcome any information from the trade regarding either of these activities."
Prosecutions to continue
Media Protection Services (MPS), which investigates foreign satellite screenings on behalf of the Premier League, said it would continue with all pending prosecutions.
"My instructions are to pursue all pending cases," said MPS boss Ray Hoskin.
Hoskin also hit out at the European Satellite Television Association (Esta), which represents the foreign satellite suppliers. "They have offered licensees insurance policies against convictions and will now have to pay out.
"They are also helping us by providing licensees with stickers to put on the door barring my staff from their pub. It makes it easy for us to spot which pubs are using the systems."
I would not advise any licensees to persist with foreign satellite transmissions of this kind, as they clearly risk further prosecutionPeter CoulsonMA legal editor
MPS plans to open a north-west regional office in the New Year to deal with the number of cases in the Blackburn and Bolton areas. It will be headed by a former detective-inspector of Merseyside police.
European law
Murphy's solicitor Paul Dixon, of Molesworth Bright Clegg, claimed it was only "half-time" in the case as the European argument had yet to be heard.
He said: "It would be foolish for any party to reach any conclusions or make any assertions based on the judgment which has been handed down today because we are only half-way through the appeal.
"We have always said that this case is all about European law, and the High Court has not yet heard argument on the EU issues. In the words of Lord Justice Pumfrey, these issues are of 'central importance' to the case.
"In footballing terms, we are in the half-time interval, and every football fan knows that the game is never over and nor is the result certain until the final whistle."
Full-time approaching
But Morning Advertiser legal editor Peter Coulson said: "On all the main points he (Pumfrey) dismissed the appeal and made it clear that the current copyright laws in the UK were consistent with EC legislation.
"It seems likely, on reading the judgment, that we are into the second half of extra time, and that Mrs Murphy and her team are three goals down.
"As a result, I would not advise any licensees to persist with foreign satellite transmissions of this kind, as they clearly risk further prosecution."
Case history: Murphy's law27 June'06: Acquited by Judge Arnold as she had not received the transmission dishonestly. She had a letter from her brewery Gales recommending she took the Nova system.26 Jan'07: Found guilty of two offences relating to breaching the FA Premier League's copyright at Crown Court by Judge Arnold. Fined £8,000.15 March'07: Appeals decision in Crown Court. Conviction upheld by Judge Iain Pearson.29 Nov'07: High Court appeal commences.21 Dec'07: High Court judges Lord Justice Pumfrey and Mr Justice Stanley Burnton dismiss appeal.
