Euroview has sought legal advice on the up to date position in relation to the broadcasting of live football, following the judgment of Lord Justice Kitchin in the case of FAPL v Richardson (and others) and can now confirm this position to its customers.
In its judgment dated 4 October 2011, the European Court of Justice provided its responses to references made by Kitchin LJ. The outcome of this judgment was that: ·
All of the above are principles which Euroview has believed for some time reflected the correct position in law. These principles also supported the overall principle that the FAPL cannot seek to restrain the free movement of goods within the EU nor can it prevent the broadcasting of live football matches in circumstances where its intellectual property rights are not being infringed.
The case was referred back to the High Court for further determination on the 15th and 16th December and a further judgment was handed down on the 3rd February 2012. Whilst this judgment confirmed the findings of the European Court set out above, a further practical outcome was that the FAPL is entitled to copyright protection of certain artistic works and graphics that formed part of the relevant broadcasts of football matches in these proceedings. Consequently there is now the prospect that companies providing a service that allows the "communication to the public" of any such artistic works could cause their customers to be liable for copyright infringement.
To fully protect the business of its customers Euroview Sport is now investing in making changes to its service which will ensure that it offers a risk free solution which does not infringe the rights of the FAPL or any other third party. Until these changes are fully effected Euroview has made the decision to temporarily suspend its services.
Your contract with Euroview Sport will cease with immediate affect and your account will be closed from 10th February 2012. We have taken the necessary steps to cancel the service on the viewing cards, however; due to a notice period to our suppliers your viewing card may still run for up to 3 weeks. If your card is still running after 10.02.2012 please note that you will not have legal protection from Euroview Sport and should cease using the card. If you still allow viewing then you do so at your own risk.
Please cancel your standing order mandate at your bank from the 10th February, As you are aware as per your contract ; the subscription payments are collected in arrears . In order to settle your account for closure there may be a calculation made from the date of your last standing order up to the 10th February 2012. e.g if your last payment was made on 24th January a payment of 16 days would be due to settle the account up to 10th February 2012. Euroview Sport are investing in the development of new technology that will allow a risk free solution. We apologise for any inconvenience this may cause and will be in touch very soon to discuss the revised service.
Any customers who paid 12 months in advance will be contacted direct from our accounts department over the next 2 weeks. Only accounts that are fully paid up to date will be contacted and offered the new technology. If you have any queries then we will be available on the following email address only colin.brighton@euroviewsport.tv