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date: Wed, 26 Dec 2007 19:23:39 -0500,    group: alt.uk.law        back       
Re: Rip off Britain - courts uphold artificial monopoly.   
On Wed, 26 Dec 2007 21:32:12 -0000, "OG"  wrote:

>
>"Mike Ross"  wrote in message 
>news:5lg5n3l575hd1e671424v2a2g0n2ja2buu@4ax.com...
>> On Wed, 26 Dec 2007 15:27:39 -0000, "tim....." 
>> wrote:
>>
>>>And the same is true of every national football league, it is worth more 
>>>to
>>>the home country than to others.
>>
>> Of course it is. That doesn't (or shouldn't) prevent residents of the home
>> country buying it more cheaply elsewhere in the EU.

>When it comes to copyright, the owner of the rights can assign some of those 
>rights to others by contract. The rights are limited and it doesn't really 
>make any difference what you think 'should' be the case. What the pub owner 
>bought did not include the right for public entertainment showing of PL 
>football in UK.

Are you sure? Are you privy to the contracts between Sky and the Greek company?
Between the Greek company and the pub owner? 

The contract between Sky and the Greek company (or indeed the FL and Sky) may
purport to prevent the Greek company reselling the service outwith Greece. That
would be like Ford preventing a Dutch Ford dealer from selling cars to UK
customers... and we all know how that ended up; the European Court ruled that
any attempt to interfere with (by imposing unreasonable conditions or artifical
delays) or discourage (let alone totally prevent, which is what Sky seem to want
to do) commerce between EU countries was unlawful. Which is pretty self-evident
to me - that's the whole *point* of the single market!

Mike
--
http://www.corestore.org
'As I walk along these shores
I am the history within'
date: Wed, 26 Dec 2007 19:23:39 -0500   author:   Mike Ross

Re: Rip off Britain - courts uphold artificial monopoly.   
"Mike Ross"  wrote in message 
news:jnr5n358nt4jfekmennbadim5olr0vqvp1@4ax.com...
> On Wed, 26 Dec 2007 21:32:12 -0000, "OG"  wrote:
>
>>
>>"Mike Ross"  wrote in message
>>news:5lg5n3l575hd1e671424v2a2g0n2ja2buu@4ax.com...
>>> On Wed, 26 Dec 2007 15:27:39 -0000, "tim....." 
>>> 
>>> wrote:
>>>
>>>>And the same is true of every national football league, it is worth more
>>>>to
>>>>the home country than to others.
>>>
>>> Of course it is. That doesn't (or shouldn't) prevent residents of the 
>>> home
>>> country buying it more cheaply elsewhere in the EU.
>
>>When it comes to copyright, the owner of the rights can assign some of 
>>those
>>rights to others by contract. The rights are limited and it doesn't really
>>make any difference what you think 'should' be the case. What the pub 
>>owner
>>bought did not include the right for public entertainment showing of PL
>>football in UK.
>
> Are you sure? Are you privy to the contracts between Sky and the Greek 
> company?
> Between the Greek company and the pub owner?

On the basis of what has happened in court, yes I am sure that such clauses 
are contained in the contract.  If they weren't, the PL would never have got 
through the court door with this.

> The contract between Sky and the Greek company (or indeed the FL and Sky) 
> may
> purport to prevent the Greek company reselling the service outwith Greece. 
> That
> would be like Ford preventing a Dutch Ford dealer from selling cars to UK
> customers... and we all know how that ended up; the European Court ruled 
> that
> any attempt to interfere with (by imposing unreasonable conditions or 
> artifical
> delays) or discourage (let alone totally prevent, which is what Sky seem 
> to want
> to do) commerce between EU countries was unlawful. Which is pretty 
> self-evident
> to me - that's the whole *point* of the single market!

Yes, we are all perfectly well aware that this might happen, but you cannot 
base every single comment that you make on this point.

tim
date: Thu, 27 Dec 2007 08:31:45 -0000   author:   tim.....

Re: Rip off Britain - courts uphold artificial monopoly.   
"tim....."  wrote in message 
news:5th63hF1df04kU1@mid.individual.net...
>
snip
>
> On the basis of what has happened in court, yes I am sure that such 
> clauses are contained in the contract.  If they weren't, the PL would 
> never have got through the court door with this.

Really - the PL and $ky with their billions, top lawyers and QC's can't get 
a hearing or an appeal when they want one?  Dream on...

Of course Mrs. Small wouldn't be able to get a hearing to try and stop their 
anti competitve practices (well $ky's anyway - the PL do have a unique 
product, but seem to want the courts to uphold their differential pricing in 
different countries in the EU).

Remember the MacDonald's case - they wasted something like £10M on getting 
an injunction against two campaigners who said animals had to be killed to 
make burgers - they could get a hearing and have a jury turn up at largely 
their own expense for months on end.

Unlike the MacDonald's two, who were resigned to bankruptcy for the costs if 
they lost, Mrs. Small (or whatever her name is) will probably be offered a 
deal to go away and not bother them again in return for $ky / PL not 
enforcing costs against her.  As she will lose her livelihood if they do, 
one wonders which way she will jump...?  And bingo - $ky / PL have their 
precedent for anyone else who tries it.

snip
> tim
>
>
date: Thu, 27 Dec 2007 15:19:53 -0000   author:   R. Mark Clayton

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