FA Premier League satellite decoder case

The Football Association Premier League (FAPL) have held a exclusive contract with broadcasters British Sky Broadcasting (BskyB).
In the United Kingdom, some public houses have had foreign satellite television decoders hardware installed to enable customers to watch live Premier League games in their establishment. The FAPL believe that this practice is illegal under copyright law.
The European Court of Justice is now looking at whether the EU law on the free movement of goods should be applied to decoder cards, used by pubs to access Premier League football.
Karen Murphy, a publican who had been prosecuted for using a Greek satellite provider at a public house in Portsmouth said: "The fact is 297 is to prevent fraud and nothing to do with territorial fragmentation, and does not seek to protect the interests of the FAPL,".
Ms Murphy was charged under s297(1) of the Copyright, Designs and Patents Act 1988 (CDPA), in that on two occasions she: ‘… dishonestly received a programme included in a broadcasting service provided from a place in the United Kingdom with intent to avoid payment of any charge applicable to the reception of the programme.’
 
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