AESSI Welcomes this mornings High Court Application in Premier League vs Murphy case

  05/04/2007


BRISTOL, England, April 5 /PRNewswire/ -- AESSI Welcomes this mornings High Court Application in Premier League vs
Murphy case.


Plucky Portsmouth-based publican Karen Murphy today confirmed that she
had, last night, appealed her case to the High Court, following a ruling
against her earlier this month in favour of the Premier League's agent, MPS
(Media Protection Services). This ruling in the Portsmouth Crown Court
completely contradicted that from a previous case heard before the Bolton
Crown Court in March 2006 on the same point of Law.


Murphy, like many Licensees, has installed a European Satellite System in
her premises, the 'Red, White and Blue' Public House in Southsea. She
believed this system to be perfectly legal given Bolton Crown Courts
precedent setting ruling on the same point of law (the parties to this were
BSkyB, via FACT vs Gannon).


In summing up The Portsmouth case, however, HHJ Ian Pearson, sitting with
two lay Justices, upheld Murphy's conviction from the Magistrates Court,
stating on several occasions that he strongly disagreed with HHJ Warnocks
previous decision in the Bolton case.


A spokesman for AESSI (the Association of European Satellite System
Installers), said "we are pleased with the outcome in the Portsmouth case, as
the matter will now go to a Higher Court. This will enable a definite Legal
Precedent to be set and completely clarify the position regarding the
legitimacy of Foreign Satellite Systems in the UK". They added "What's more
yesterdays application will mean really good news for Licensees currently
under threat by MPS (Media Protection Services, a privately run company with
no legal status) as all cases currently ongoing in lesser courts can be
placed on-hold pending the High Court decision - expected in approximately 8
months".


As the legitimate professional organisation representing Satellite System
Installers the members of AESSI that the confusion in the lower courts has so
far been to the advantage of the Premiere League in these disputes and that
for this reason BSkyB's agent FACT avoided taking the Bolton case to the High
Court last year specifically in order to avoid a definitive precedent.


What's more in a bizarre twist, it was revealed today that if Murphy's
appeal to the Crown Court is upheld, it would also make illegal the nearly 2
million Sky systems that are presently installed across other countries in
the EU. The Premier League may have irreparably severed a major artery of
income for BSkyB, potentially costing the broadcaster billions in lost
revenue


Simply put, the legislation under which this prosecution was brought, and
the Portsmouth Court ruled, was specifically designed to incorporate EU
statute 93/83, under which the judgement could be applied throughout the
European Union against Sky in favour of the relevant local satellite
broadcaster.


In karmic irony, the Premier Leagues relentless pursuit of one tiny
public house may have just been the sledgehammer that cracked the table and
missed the walnut altogether.


Following the Portsmouth ruling, Mr Phillip Davies, who investigates
'piracy' at Sky, told Iain O'Neil of the Morning Advertiser, with reference
to the number of bars in Spain, Greece, France and Portugal showing
Premiership football via Sky that this was "not something I am aware of".


In light of this comment, perhaps BSkyB is unaware of the impending
impact of the Premier Leagues action upon their non-revenue from their
non-existent-installations that they know nothing about.


One can only wonder what fabled, founder of NewsCorp and ultimate boss of
BSkyB, Rupert Murdoch, will make of the matter or indeed of Mr Davies, when,
and if, BSkyB finds itself facing multiple criminal prosecutions throughout
Europe.


Brief Background:


The Premier League, via their agents MPS, have been bringing multiple
prosecutions (up to 300) across the UK in Magistrates Courts with assorted
and variable outcomes for over four years causing a great deal of stress to
Licensees and costing the taxpayer hundreds of thousands of pounds to date,
all with virtually no cost penalty to the Premier League themselves.


MPS, a privately owned company run by self-proclaimed 'disinformation
expert', Ray Hoskin, have now, on behalf of the Premier League, taken to
pressing criminal charges under an obscure Section of the Copyright, Designs
and Patents Act 1988 (which is partially superseded by both Broadcasting
Acts) which the DTI confirm is not applicable to the situation, and with
which they have had very little success in higher UK courts. The defining
case of BSkyB vs Gannon in Bolton ruled in favour of the Publican as they
were not pirating but purchasing the broadcast signal from a legitimate
European supplier (Judgement transcript available).


Prior to the case, both the DTI and OFCOM had confirmed in writing that
AESSI members are operating entirely within the terms of the Broadcasting
Acts and in line with European Single Market Legislation. Interestingly, it
is under this very 'single-market' legislation that Sky also benefits as it
facilitates the installation of their own decoder boxes situated in other
operators 'areas' across the European Union. Presently there are estimated at
just under 2million Sky installations, supplied via satellite shops and
assorted system suppliers situated within the EU - installations that BSkyB
include in their total UK figures 'accounted for', that they declare to
Investors, the Stock Market, Channel Operators, RAJAR and other official
bodies, but about which they apparently "not aware".


About AESSI:


The Association of European Satellite Suppliers & Installers is the
official organisation of legitimate installers in the UK. AESSI members work
to the highest standards of quality and fully guarantee that they will
install entirely and completely legal systems.


AESSI members are all law-abiding legitimate businesses who contribute
over ten million pounds sterling per annum to the UK economy, they pay tax
and VAT and create significant employment directly though their own
specialist staff and indirectly through their customers increased revenue.
For further information view their website on www.aessi.org


Notes To Editors:


Please contact the Press Office to organise interviews of the members of
AESSI or the legal team. Please click the following link for direct access to
the Press Assets Pages containing scans of relevant documents:
www.aessi.org/press


url:  www.aessi.org