Pub 1, Sky 0: court rules landlady can show live football from foreign decoder

 

A pub landlady has won a legal battle to overturn her conviction for using foreign decoders to show Premier League football matches for customers.

Karen Murphy said she planned to show more games at the Red, White and Blue pub in Portsmouth after the ruling, which threatens to undermine the current exclusive agreements between the Premier League and BSkyB and ESPN for broadcasting matches.

But BSkyB said it would continue to pursue publicans which show football matches to fans on the cheap using foreign decoders.

The High Court yesterday ruled that Ms Murphy's appeal over using a cheaper Greek decoder in her pub to bypass controls over match screening must be allowed. Instead of using Sky Sports, which has the rights to screen the Premier League in the UK, Ms Murphy used the Greek station Nova's coverage in her pub, which was cheaper than the equivalent Sky package. She paid £800 a year for a Greek decoder, saying she "couldn't afford" Sky's charge of £700 a month.

Ms Murphy took her fight to the European Court of Justice (ECJ) after being ordered to pay almost £8,000 in fines and costs. The ECJ partly ruled in her favour, finding that national laws that prohibit the import, sale or use of foreign decoder cards are contrary to the freedom to provide services.

The ruling was enough for all sides to concede at the High Court that Ms Murphy's conviction could not stand.

Yet many issues over screening games remain. Although the ECJ found that live matches were not protected by copyright, the Premier League maintained copyright over the branding seen on-screen, including graphics, music and film sequences.

To screen any of these elements, a pub would need the permission of the Premier League, which is expected to increase its branding across foreign broadcasts as a result.

Lawyers are still examining the ruling but it could ultimately force the Premier League to set up its own television channel or sell its rights on a country-by-country basis in the EU.

Ms Murphy, 47, who handed over her decoder, may now acquire a new device. "I was morally and legally right," she said outside the court. "It's great news for pubs. I hope it changes the face of football. This was big corporations thinking they are above the law."

Asked if she would screen more games, Ms Murphy said: "Watch this space - if I can, I will."

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Arts and Entertainment
On set of the Secret Cinema's Back to the Future event
filmBut why were Back to the Future screenings cancelled?
News
Susan Sarandon described David Bowie as
peopleSusan Sarandon reveals more on her David Bowie romance
Sport
Lewis Hamilton walks back to the pit lane with his Mercedes burning in the background
Formula 1
Arts and Entertainment
The new characters were announced yesterday at San Diego Comic Con
comic-con 2014
Sport
Arsenal supporters gather for a recent ‘fan party’ in New Jersey
football
Arts and Entertainment
No Devotion's Geoff Rickly and Stuart Richardson
musicReview: No Devotion, O2 Academy Islington, London
News
i100
News
newsComedy club forced to apologise as maggots eating a dead pigeon fall out of air-conditioning
Life and Style
Balmain's autumn/winter 2014 campaign, shot by Mario Sorrenti and featuring Binx Walton, Cara Delevingne, Jourdan Dunn, Ysaunny Brito, Issa Lish and Kayla Scott
fashionHow Olivier Rousteing is revitalising the house of Balmain
News
i100
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs Media

Data Scientist

competitive: Progressive Recruitment: A data analytics are currently looking t...

Web / Digital Analyst - SiteCatalyst or Google Analytics

competitive: Progressive Recruitment: My client who are a leading publisher in...

Campaign Manager

competitive: Progressive Recruitment: A leading marketing agency is currently ...

BI Analyst

competitive: Progressive Recruitment: A leading marketing agency in Central Lo...

Day In a Page

Best comedians: How the professionals go about their funny business, from Sarah Millican to Marcus Brigstocke

Best comedians: How the professionals go about their funny business

For all those wanting to know how stand-ups keep standing, here are some of the best moments
Jokes on Hollywood: 'With comedy film audiences shrinking, it’s time to move on'

Jokes on Hollywood

With comedy film audiences shrinking, it’s time to move on
Edinburgh Fringe 2014: The comedy highlights, from Bridget Christie to Jack Dee

Edinburgh Fringe 2014

The comedy highlights, from Bridget Christie to Jack Dee
Evan Davis: The BBC’s wolf in sheep’s clothing to take over at Newsnight

The BBC’s wolf in sheep’s clothing

What will Evan Davis be like on Newsnight?
Finding the names for America’s shame: What happens to the immigrants crossing the US-Mexico border without documents who never make it past the Arizona desert?

Finding the names for America’s shame

The immigrants crossing the US-Mexico border without documents who never make it past the Arizona desert
Inside a church for Born Again Christians: Speaking to God in a Manchester multiplex

Inside a church for Born Again Christians

As Britain's Anglican church struggles to establish its modern identity, one branch of Christianity is booming
Rihanna, Kim Kardashian and me: How Olivier Rousteing is revitalising the house of Balmain

Olivier Rousteing is revitalising the house of Balmain

Parisian couturier Pierre Balmain made his name dressing the mid-century jet set. Today, Olivier Rousteing – heir to the house Pierre built – is celebrating their 21st-century equivalents. The result? Nothing short of Balmania
Cancer, cardiac arrest, HIV and homelessness - and he's only 39

Incredible survival story of David Tovey

Tovey went from cooking for the Queen to rifling through bins for his supper. His is a startling story of endurance against the odds – and of a social safety net failing at every turn
Backhanders, bribery and abuses of power have soared in China as economy surges

Bribery and abuses of power soar in China

The bribery is fuelled by the surge in China's economy but the rules of corruption are subtle and unspoken, finds Evan Osnos, as he learns the dark arts from a master
Commonwealth Games 2014: Highland terriers stole the show at the opening ceremony

Highland terriers steal the show at opening ceremony

Gillian Orr explores why a dog loved by film stars and presidents is finally having its day
German art world rocked as artists use renowned fat sculpture to distil schnapps

Brewing the fat from artwork angers widow of sculptor

Part of Joseph Beuys' 1982 sculpture 'Fettecke' used to distil schnapps
BBC's The Secret History of Our Streets reveals a fascinating window into Britain's past

BBC takes viewers back down memory lane

The Secret History of Our Streets, which returns with three films looking at Scottish streets, is the inverse of Benefits Street - delivering warmth instead of cynicism
Joe, film review: Nicolas Cage delivers an astonishing performance in low budget drama

Nicolas Cage shines in low-budget drama Joe

Cage plays an ex-con in David Gordon Green's independent drama, which has been adapted from a novel by Larry Brown
How to make your own gourmet ice lollies, granitas, slushy cocktails and frozen yoghurt

Make your own ice lollies and frozen yoghurt

Think outside the cool box for this summer's tempting frozen treats
Ford Fiesta is UK's most popular car of all-time, with sales topping 4.1 million since 1976

Fiesta is UK's most popular car of all-time

Sales have topped 4.1 million since 1976. To celebrate this milestone, four Independent writers recall their Fiestas with pride