| BREAKING
NEWS |
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| Closed Period Matches - A Landmark Decision |
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| “
This is a landmark case. Not only is it the first significant legal
authority on this emerging area of law, but it reinforces my view
that prosecutions such as this are being driven by the F.A.P.L.
and Sky to protect their commercial monopolies. Whilst this case
was about a “closed period” match, the generic principles
apply to all live satellite broadcasts of FAPL matches. It is a
benchmark decision on the issue of criminal liability.” read
more |
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| The Facts in Black and White |
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(
This what the European Union have to say on the issue)
http://www.culture.gov.uk/broadcasting/international_broadcasting/
http://europa.eu.int/scadplus/leg/en/lvb/l24101.htm |
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There has been
much debate and uncertainty regarding the legality of using foreign
satellite TV systems that enable the reception of live premiership
football in the UK.
The debate has been further inflamed by the recent circulation of
a letter to all UK pubs - followed up by a media campaign in the
press.
The apparent source of the letter is a company calling itself MPS
(Media Protection Services).
The general thrust of the letter suggests that ‘Sky
TV is the only licensed broadcaster of live F.A premiership football
matches in the UK’
and ‘the use of foreign broadcasters
is illegal’. |
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| The first half
of that statement is basically true - Sky TV own the UK commercial
rights. (In short - They are the only UK based broadcaster licensed
to market F.A Premiership football matches in the UK). The second
half of the statement is incorrect - Using a foreign broadcaster
in order to view football is actually 100% completely legal. |
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The fact is:
foreign broadcasters (as their name suggests) are non UK based and
therefore do not fall under the same legalities as Sky TV; therefore
the latter half of the statement overrules the former.
It is no more possible to legislate for foreign broadcasts via satellite
than it is to legislate for foreign web sites on the internet. |
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| Do not
be fooled by the MPS letter…! |
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The timing of the MPS media campaign is very suspicious.
Earlier last year Sky TV drastically raised the cost of their commercial subscription package to all pubs and as a result have been suffering an exodus of customers claiming they can no longer justify or afford it.
Many pubs have been switching to using foreign satellite TV systems in a bid to receive Premiership football (an option which is significantly cheaper than Sky and generally provides more matches) – As a result Sky TV have been losing a noticeable amount of money. |
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| It doesn't take a genius to work out the true motivation behind the MPS media campaign. |
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Foreign satellite TV systems are legal under European law and that’s a FACT.
For many years, millions of Europeans have used foreign satellite TV systems to receive content from neighboring countries all over Europe.
Over half a million British expatriates in Spain regularly receive Sky TV via the same means.
The concept of pan-European broadcasting is one which the European Union fully advocates and promotes – it’s a concept that is in-keeping with the EU ethos of the ‘free movement of people, trade, goods and services’.
Therefore the notion that it is illegal to receive satellite signals from a foreign broadcaster simply because the content is Premiership football is ludicrous and has absolutely no legal basis - if it did, the implications would be far reaching for all European broadcasters - especially Sky TV. |
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| The MPS media campaign should be seen for what it is - A blatant attempt at monopolization and protectionism….! So don’t be fooled…! |
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If you are in receipt of an MPS letter and you rightly question its legitimacy then get some independent legal advice or at least do some homework on the internet – Some web links have been provided on this site.
Note: It would be very foolish to accept the contents of the MPS letter on face value simply because it uses fancy legal jargon and is printed on quality paper. If you receive a visit from MPS do not sign anything and simply ask them to leave or threaten to call the police – They have no legal authority and have no right to ask you questions and you are not duty bound to provide them with answers. |
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| Here are the real facts you need to know about using a foreign satellite TV system: |
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| Foreign satellite TV systems |
| It is completely legal for pubs and clubs to use foreign satellite TV systems to receive F.A Premiership football (or any other program content). The United Kingdom is a full EU member state and this fact effectively renders it legal for anybody to watch content from any European broadcaster - as long as the signal is being received legally* |
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| Legal and illegal |
What is meant by legal or illegal signal? - This describes encrypted/scrambled channels - A legal signal is one whereby the viewer uses official equipment to receive the signal and the broadcasters have an agreement with the rights holders (in this case the Premier League).
An illegal signal is when the signal is being obtained via illegal equipment or software – (i.e. using technology to compromise or circumvent a broadcaster’s encryption system – some people call it hacking but it’s basically theft). |
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| Official |
All European broadcasters currently showing Premiership football are official F.A broadcasters.
These include ART, Digit Alb, Nova, Canal+ and many more.
They all have legitimate ‘rights contracts’ with the Premier League – They all receive revenue from subscription-paying customers and in turn pay fees to the Premier League. |
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| Saturday 3-5pm closed period |
There is an F.A closed period in effect between the hours of 2:45 – 5:15pm on Saturday afternoons. This F.A ruling exists to protect the gate receipts of lower league clubs.
You must not show Premiership football matches during the FA closed period as this could be deemed infringement of F.A copyright - however it is at your own discretion should you decide to do so. |
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| The bottom line |
| As long as the publican ensures the football is being viewed from an official* broadcaster, and he/she is not showing live Saturday closed-period* matches – then they are well within their rights. |
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| Viewing football from a foreign broadcaster is 100% legal if used as described above. You should seriously question the motivation behind anyone who tells you otherwise…! |
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| Don’t be fooled…! The Law, The Government and the EU are all on your side. |
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| Every week thousands of pubs around the UK save themselves a fortune showing football via foreign satellite systems – if you fall for the MPS scam then it will cost you a fortune. The choice is yours…! Don’t be fooled and know your rights…! |
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http://www.culture.gov.uk/broadcasting/international_broadcasting/
http://europa.eu.int/scadplus/leg/en/lvb/l24101.htm |
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| http://www.uefa.com/news/newsId=19817,printer.htmx |
| http://www.uefa.com/newsfiles/88494.pdf |
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Any Questions Email -: mike@pubfootball.co.uk |
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