Broadcaster Rights, Viewer Rights: Part 1

watty

I'm willing to be corrected on this by any Legal Counsel qualified in the field:

When the broadcaster pays for a program (either purchase from someone else or make it themselves) there is a contract between Program provider and Broadcaster (or with actors etc).

This contract may or may not be legal in the country of Broadcasting. This does not matter as it is between the Broadcaster and the Program Rights Holder. If the contract is broken and legal then sue via civil court will work. If it is not a legal contract, then the provider does not supply more programming.

Thus the Broadcaster will not "offically" break terms of contract with Rights Holder.

However two methods of compliance exist:
Geographically limited transmission.
--> This what Terrestrial TV relies on. It is accepted that outside of offical area reception is possible.

Smart card limited transmission.
Originally Satellite was a very wide beam, C-Band is still often huge beam, so Smart card or viewing card was introduced.

Nowadays Satellites can have ever smaller beams. So Geographic Limitation is now possible again. OK with Astra 2D many more people than UK can receive it but the Rights holders do not really care.
WHY?
Because many of those people could pickup similar material with Aerials.
Because MUCH more people used card outside of Geographic area than narrower beam.

Anyone in Germany can easily order a Sky UK subscription. Perhaps Sky even knows. Perhaps Sky does not care, AS LONG AS THE RIGHTS HOLDER is happy and Sky is not SEEN to be promoting or supporting this. After al lit is more money for Sky.

After BBC moved to narrower beam many in Southern Italy, Cyprus, Greece, even Turkey and Eqypt lost the BBC. Before thay had a LEGITIMATE viewing card.

It is said that none of the cards supplied by Astrosat in Germany for Sky have EVER been turned off.

All of this applies to other Satellite Pay TV suppliers.

watty

EU TV without Frontiers.

The agreement btween the Broadcaster and Rights holder limits only freedom of action of the Broadcaster. It is NOTHING to do with viewer.

The EU specifically says:

To use a pirate card or in ANY way receive TV program (even on Cable or MMDS) that is Encrypted that you did not pay for is theft. Illegal. Criminal.

Fines here in Ireland could be very large.

For a personal viewer the EU says you are allowed to watch any program you can receive. If it is Pay TV you must ensure the Provider is paid what they charge.

The border or geographic region is not relevent.

However you do not have any automatic right to purchase any viewing card.

EU suppliers may ONLY limit sales by geographic region. No mailorder supplier is obliged to sell to all the EU. But the EU supplier can't limit sales by EU nationality.

This means if it is sold in France and you are in France (FOR ALMOST ANY ITEM) the supplier can't refuse to sell to you as long as you are an EU national. They can refuse a Swiss, Morrocan or American.

You can see what this means for getting a FTV card in UK.

Switzerland is NOT in EU. So they can agree that Broadcaster buys Rights not just by Geography, but for any Swiss Citizen. Since they are NOT EU they can limit sale of card to just Swiss, even in Switzerland.

But Dutch, like UK must sell to anyone in Netherlands that is EU citizen, They use Social Security number. This might nearly be an illegal thing, but any TV dealer can provide a card so EU law is not really broken.


So if you PERSONALLY buy ANY KIND of viewing card in ANY EU country and you are an EU citizen this is legal. It is illegal for the Provider to forbid you to take card somewhere else (might only apply to EU though) once you have got it in offical manner. (No matter whaty it might say in any T&C).

Hagar

You'll get no argument from me on any of the above. Excellent factual post.

watty

OK so now we know obligations of Satellite provider and perhaps they even turn blind eye to "foreign" subscriptions as it suits them.

We now that the personal viewer can watch whatever is FTA (Free to Air) or with a legitimate un-doctored un-hacked real viewing card, (s)he need not use the official equipment though for marketing reasons (not for rights) the providers prefer the custom EPG offical boxes.

Clubs, Pubs., Hotels, Cinema, Shops, Offices etc
However EVEN FTA TV may be illegal in any place open to the Public.

a) It needs a different TV Licence in Ireland and mst other countries that use a TV licence

b) For "foriegn" stations the EU "TV without frontiers" may not apply. You may need permission from broadcaster or to pay a fee. This ABSLUTELY applies to cable TV networks and "Deflectors" that re-distribute the Channel and especially to Internet streaming. An internet stream must be protected that only the personal viewer has access (specific IP of client or private VPN).

c) The FTV cards or normal subscriptions do not EVER cover public display or charged entry. A special more expensive subscription is ALWAYS required.


Public display or charging entrance or re-broadcasting (WITHOUT permission explicitly) is aways a civil offence and often a criminal offence.


I can invite some personal friend who happen to post on Boards.ie to watch football from an NDS feed that happens to be "clear" (FTA) or Turkish Supersport or German DSF (all FTA), but probabily breaking the law to throw an open invitation to ALL Boards.ie members.



The problem for ICDG, I think, (My own opinion) is that too often (always) discussions of "foreign" Cards degenerates to the illegal.

watty

Different limitations exist in U.SA.

Different rules apply out side of EU and potentially receiving transmission from outside of EU.

However in terms of anything you can physically receive in Ireland and any viewing card you can legitimately obtain and bring to Ireland I think the above posts are fairly legally correct.

Pubs using Canal+ or Art subscriptions are almost certianly telling porkies to the Program provider. These are in most cases likely to be personal subscriptions, which is why the court cases have a good chance of winning.

Pubs are also getting sued for use PERSONAL rather than business Setanta / Sky subscriptions.

They haven't a leg to stand on and it isn't because of too much Bushmills (tm).

BrianD

I understand that IMRO now do the 'enforcement' for Sky. Any pub without the pint in the corner of the screen is in trouble!

Lennoxschips

Perhaps Sky does not care, AS LONG AS THE RIGHTS HOLDER is happy and Sky is not SEEN to be promoting or supporting this.

I've always wondered if this is why Sky don't have RTE in the cheapest package in Ireland. Perhaps they know that there is a massive Irish diaspora and are trying to wring that extra bit of cash out of them.

watty

It's in the cheapest package now.

The minimum from Sky is 2 x Mix packs. 21.50 Euro per month.

IMO the best value are the Knowledge and Variety.

The four "Irish" TV are in the Variety pack now, which also includews ABC1, though not lised on Sky's Site.

The Knowledge pack also includes Discovery Travel & Living not list on Sky site.

They may have updated their site recently though to reflect this.

The old "Popular, Knowledge, Family" etc packs are gone

I think you chose 2, 4 or 6 mix packs

If you have Astra 19E and Hotbird13E, I think the only thing you get out of the News pack is Star News and Fox News.

Given the number of FTA pop music, performance Ch, Classic Fm and Musicians channel, I can't see value in the Music Pack. Again if you have 19E and 13E there are shedloads of MTV and Dance style channels, inc German MTV.

The Lifestyle seems to be mostly repeats of what was FTA on BBC, plus budget "coffee table book" programmes. Hardly seems value.

The Kids Mix will destroy your childrens brains --maybe-- Anyway CITV is due to launch a dedicated daytime like Cbbc or Cbeebies (not sure which) on the ITV4 slot. Also there is Pop, Tiny Pop, ITV1, BBC1, CbbC, CBeebies.

If you speak arabic there is now the Bright colourful Al Jazzera Childrens Channel! (13E)
Or German Kika (19E)

Occasionally we have even watched Asterix the Gaul in ITALIAN on 13E (Honestly you don't need to know Italian to enjoy it but it helps).

Yes I know I should get out and get a life...