The opinion of an advocate general is not binding on the court but will be hugely influential. The publican, Karen Murphy, whose original prosecution by the league for copyright infringement is under examination, told BBC radio’s 5Live Investigates yesterday that she was anxious about the outcome. If convicted she faces a heavy fine. The Premier League is likely to be even more anxious. If the league loses the case, its ability to sell its media rights on an exclusive basis in individual European territories could be undermined – hitting a revenue stream worth hundreds of millions of pounds.
The court will rule on the matter in late April at which point the case returns to the UK’s High Court, where a verdict is expected before Christmas. The ECJ ruling will be binding on all EU member states. The case was referred to the ECJ because it involves two fundamental issues of European law – the free movement of goods and services and the ability of content producers to protect the copyright in their content.
As the league awaits the court ruling, it received some good news in its battle to protect its copyright. The league, together with a group of other content producers, has been given leave by the UK’s High Court to make a submission to the judicial review of the Digital Economy Act’s provisions regarding internet downloading, according to today’s Guardian. The review will pit rights-holders against internet service providers, with the latter arguing that restrictions on downloading and other forms of internet use infringe basic rights and freedoms.