Karen Murphy on why she took her fight to Europe, speaking to 5 live in October 2010
A pub landlady has won the latest stage of her fight to air Premier League games using a foreign TV decoder.
Karen Murphy had to pay nearly £8,000 in fines and costs for using a cheaper Greek decoder in her Portsmouth pub to bypass controls over match screening.But she took her case to the European Court of Justice.
The ECJ now says national laws which prohibit the import, sale or use of foreign decoder cards are contrary to the freedom to provide services.
It said national legislation, which banned the use of overseas decoders, could not "be justified either in light of the objective of protecting intellectual property rights or by the objective of encouraging the public to attend football stadiums".
A spokesman for Mrs Murphy said she was "overwhelmed with relief" and looking forward to getting the case back to the High Court.
The ECJ findings will now go to the High Court in London, which had sent the matter to the ECJ for guidance, for a final ruling.
'Contingency plans' The decision could trigger a major shake-up for the Premier League and its current exclusive agreements with Sky Sports and ESPN.
"In practical terms, the Premier League will now have to decide how it wishes to re-tender its rights," said sports media lawyer Daniel Geey of Field Fisher Waterhouse solicitors.
"There can be little doubt it will have contingency plans ready to go and has various options available.
"Be it a pan-EU tender, selling in only certain EU member states or devising a plan to start its own channel, they will be deciding how best to maximise the value of their product to ensure any revenue shortfall is minimised."
However, the ECJ did add that while live matches were not protected by copyright, any surrounding media, such as any opening video sequence, the Premier League anthem, pre-recorded films showing highlights of recent Premier League matches and various graphics, were "works" protected by copyright.
To use any of these parts of a broadcast, a pub would need the permission of the Premier League.
'Major blow' "On the face of it, it looks like a blow for the Premier League and... broadcasters Sky and ESPN," said BBC sports editor David Bond.
"It seems on the face of it, the Premier League and Sky have been dealt a major blow today."
He said the Premier League had faced many regulatory challenges in the past and would find ways to get round the new situation.
He also said that it could have significant repercussions for other rights holders outside of sport, with life potentially getting more difficult for the film industry.
Satellite signals The legal battle kicked off six years ago, when Ms Murphy was taken to court for using the Nova firm to show matches at the Red, White and Blue pub.
Using the Greek service, she had paid £118 a month, rather than £480 a month with the official broadcaster.
Licensed broadcasters encrypt satellite signals, with subscribers needing a decoder card to access them.
Ms Murphy took advantage of an offer to UK pubs to use imported cards.
In February, an ECJ advocate general said this was in line with the aims of the EU single market - a border-free zone for goods and services.
The Premier League has already taken action against two suppliers of foreign satellite equipment and a group of pub landlords who used imported decoding equipment to show English Premier League games and avoided the commercial premises subscription fees for Sky.
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