Pub ruling could change sport TV rights

An English pub owner has gone into battle with major league sports in the U.K. and won a ruling that may allow soccer fans to watch Premier League games for less money.

The European Court of Justice, in a decision that could have a major implications for Sky Sports and ESPN, ruled Tuesday that it is not illegal for individuals to buy set-top box decoder cards from foreign broadcasters.

The ruling came about after Karen Murphy, who owns the Red, White and Blue pub in Portsmouth, England, had to pay nearly 8,000 British pounds (about $12,300) in fines after she used a Greek decoder to show the games unavailable to fans in the U.K., bypassing the regular controls over match screenings, the BBC reports.

The Guardian writes that pub owners like Murphy pay about 1,000 pounds a month for a Sky subscription to screen matches. She had slashed costs by buying a Greek decoder card and a subscription to Nova at a cost of about 800 pounds a year.

Murphy took her case to the ECJ which, according to a press release, ruled that any European Union law prohibiting "the import, sale or use of foreign decoder cards is contrary to the freedom to provide services and cannot be justified."

The ruling outlaws the current model of allowing oversees viewers to watch almost all the matches — while blocking U.K. fans from seeing Saturday kick-offs, Eurosport reports.

The ruling specified that match broadcasts cannot be restricted by geography within the European Economic Area.

However, while it appears to favor users of imported set-top box decoders, it is still unclear whether games can be shown in pubs using foreign decoders and broadcasts. 

At issue is copyright.

According to the Guardian:

The ECJ said the transmission in a pub is a "communication to the public," which means that without the permission of the Premier League, Murphy is in breach of the copyright directive. This directive would not stop individuals buying foreign decoder cards for domestic use.

According to Eurosport, under the ruling specific video sequences and Premier League branded graphics could not be used without permission as it would be breach of copyright.

The Premier League, which has exclusive agreements with Sky Sports and ESPN to broadcast games, homed in on the point, reportedly saying:

"We are pleased that the judgment makes it clear that the screening in a pub of football-match broadcasts containing protected works requires the Premier League's authorization."

Sky paid more than 1 billion pounds for the U.K. broadcast rights for Premier League matches, and makes about 200 million pounds a year in revenue from selling subscriptions to pubs and other commercial premises, the Guardian reports.

"I'm glad I took it on even though it's taken up quite a chunk of my life," Murphy told the BBC.