A decision that football fans can use foreign decoder cards other implications for copyright, but the new rules may replace the old
One of the things the author has traditionally allowed business owners - the media and entertainment, vendors, etc. - to do is to isolate the domestic market and manipulate prices for access products protected by copyright under national borders.
The ability to do that always struck me as bizarre in the context of a "common market" as the European Union, but then the idea of ??a common market does not share a common law is a strange idea itself.
This does not mean that there have been efforts to harmonize this area of ??law. There are a number of policies that directly or indirectly related copyright and its operation in the European Union, but the deep divisions between national systems have great potential for national change has been preserved.
several pieces, both basic and secondary schools in the puzzle of copyright in Europe are considered in the case of the owner of the now famous British pub, Karen Murphy, who fought against attempts to prevent the sample satellite broadcasts of the Premier League in his bar with a decoder card Greece.
Use of this decoder cancels European market partitioning of national markets and brought, of all things, price competition between national markets.
- interesting questions now arise about the consequences of the Court of Justice to stop the fans to see the problems with a decoder card from other Member States is "contrary to Community law" - although pubs not be able to use these cards. Are we about to see the end of isolated national markets for products of copyright in the EU? And if we are, what does this mean for European consumers
- Essentially, according to an opinion delivered by Advocate General Juliane Kokott court earlier this year, in this case revolves around the question of freedom to provide services in accordance with Article 56 EU Treaty and the interaction of copyright.
- European market partition national markets, the Attorney General, he said, was an obstacle to the free provision of services. He was a decline, he said, which also affected the sale of things like computer programs, music, electronic books and movies on the Internet. And, according to the Attorney General, this division can not be justified under Community law on the grounds that it was necessary to protect the "specific topic" Human Rights in the live football broadcasts.
The clearest implications of the case, beyond the specific problem of satellite broadcasting of live events, the author refers to offerings on the Internet. Different conditions of access to these products in conjunction with, for example, price or limitations imposed by digital rights management - or even the fact that these assets are not available in some Member States -. It could be a thing of the past
However, as often happens with copyright, a relaxation of certain restrictions can only invite new. The focus of the opinion of Advocate General was on the prevention of market segmentation by the copyright holders. She made it clear that the score as absent, there was no reason to prevent, for example, restrictions on satellite broadcasts shows in bars.
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