Murphy case goes to European court
MPS: we will pursue prosecutions for Sky
Karen Murphy has had her foreign satellite appeal referred to the European Court of Justice (ECJ).
But Media Protection Services (MPS) has vowed to continue with prosecutions on behalf of Sky.
The ruling came days after the battle between the Premier League and foreign satellite suppliers AV Station and QC Leisure was also referred to the ECJ.
Round one in her appeal against her conviction for screening Premiership football via Greek channel Nova went against Murphy, of the Red, White & Blue in Ports-mouth. But she was allowed to argue the case on European competition law in the High Court, where last week Lord Justice Stanley Burnton and Mr Justice Barling referred her case to the ECJ.
Murphy's solicitor Paul Dixon said: "It will now be up to the European Court to decide between the interests of millions of EU Citizens and the developing European audiovisual area on
the one hand, and the attempts by the Premier League (PL) to shore up an antiquated and damaging system of territorial restrictions on the reception of satellite broadcasts for their private commercial gain."
A PL spokesman said: "The PL looks forward to the free movement element of this case being clarified .
"Licensees should not see this as an indication that the use of foreign satellite equipment in the UK has been legitimised, given that the Administrative Court in its December judgment found in favour of MPS in relation to copyright law.
"Mrs Murphy's conviction has not been overturned and still stands."
n Coulson's view — p26
The judge's personal view
The judge who referred the case of the foreign satellite suppliers to the ECJ said he "preferred" the arguments put forward by the suppliers.
The MA has seen the full written judgement from the High Court, in which Mr Justice Kitchin gave his "personal view" that "the arguments of the defendants are preferred".
Kitchin noted that their arguments "do recognise a need for legal protection of broadcasting and information". He said their calls for more suppliers to offer football "has the potential for increasing consumer choice ".
