Smoke-and-mirrors TV war

The game of cat and mouse in the battle of copyright football continues. The latest escapade involves not Sky itself, but the Premier League, which is targeting the equipment suppliers, rather than the individual licensees, on this occasion.

Unlike the Murphy case, which was an appeal by a licensee against her conviction and was, therefore, not initiated by Sky, this latest High Court saga is a civil action in which the Premier League claims that several viewing card suppliers are clearly infringing their copyright. They tried to have the defences of the suppliers overturned by claiming that the arguments had no chance of success, and that summary judgement should be given in their favour.

But the judge disagreed, offering a European lifeline to the suppliers themselves. He did not, as has been claimed, rule against Sky or declare that the foreign equipment was legal - and it is quite wrong for anyone to claim that this is the outcome. For one thing, Sky itself was not involved - they are the beneficiaries of the

copyright assignment in the matches in the UK - and it is the Premier League that actually owns the rights to the top-flight football. Secondly, the ruling simply said that the issues should go to a full hearing because there were substantial points on both sides requiring proper evaluation by the court.

So there will be a chance for the suppliers to present their European assertions and their interesting arguments on freedom of expression to the High Court later this year. But it seems likely that even if they lose, they will battle on in Europe, simply because it suits them to spin out the contest for as long as possible.

More important in the shorter term will be the final disposition of the Murphy case, where the European arguments are to have another airing, but with somewhat less chance of success, in my view.

That is probably why the agency working for the Premier League is continuing to take action against pubs using the foreign decoders, both on the copyright issue and on the Saturday afternoon "closed period", which is a separate issue arising from a UEFA ban throughout Europe and with which even Sky has to comply (notice it does not show live football on Sky Sports during that period).

All very complex! That still leaves the vexed question of Sky's charges, of course, which is one of the main reasons for this whole battle royal.