British Sky Broadcasting Research Articles

Cartier v British Sky Broadcasting, and the Rise of the Website Blocking Order: A Challenge for Scots Law?

Cartier v British Sky Broadcasting, and the Rise of the Website Blocking Order: A Challenge for Scots Law?

The English Premier League Mobile Phone Broadcasting Rights Selling Model – Historical Study

Indicative of those rights increasing use was that for the 2004-2007 period Premier League games, 3/Vodafone bought the rights for 11,5 million euro, while for the 2007-2010 period, BSkyB bought the rights for 12,4 million euro. In 2010, the Walt Disney Co’s sports TV network ESPN has acquired the rights to screen Premier League highlights on UK mobile phones. The rights to all 380 Barclays Premier League matches were previously held by pay-TV rival British Sky Broadcasting. In 2013, News International, owned by the pay-TV broadcaster's controlling shareholder News Corporation, prevailed against BSkyB in the battle to acquire the Premier League exclusive rights to internet and mobile highlights for 30 million pounds, for three years. Sun, Times and Sunday Times publisher shut out fellow News Corp division as well as Yahoo, O2 and Perform Group.

Has Competition in the Market for Subscription Sports Broadcasting Benefited Consumers? The Case of the English Premier League

This paper investigates the peculiar nature of competition in the broadcasting market for live English Premier League matches in the United Kingdom. Following the movement from free-to-air to subscription television in 1992, British Sky Broadcasting secured a monopoly on live broadcasting rights. The exclusive arrangements were later found to be in breach of European competition law and resulted in competition from the start of the 2007-2008 season. However, competition has not reduced prices charged to consumers. Both the overall cost to consumers and the price per game are higher with competing broadcasters than under a monopoly.

A Comparative Analysis of the Protection of Trade Names Under the English Tort of Passing Off and Section 18 of Thailand’s Civil and Commercial Code

AbstractThe English common law tort of passing off came into the spotlight in 2015 with the UK Supreme Court case ofStarbucks (HK) Ltd v British Sky Broadcasting Groupsettling the current position regarding the question of the territorial scope of goodwill. This article undertakes a comparative study of the tort with Section 18 of theThai Civil and Commercial Codewhich, it argues, has been interpreted by the Thai Supreme Court to offer a materially similar remedy to the English tort in two important conceptual aspects: the requirement for misrepresentation and the so-called “hard line” approach to the territorial scope of goodwill, as affirmed byStarbucks. The analysis carries important implications for comparative lawyers and legislators in both the UK and Thailand, and challenges assumptions based on a simplistic categorization of Thailand as a civil law jurisdiction.

THE CONTINUING IMPORTANCE OF LOCAL GOODWILL IN PASSING OFF

THE tort of passing off is embedded in the world of commerce. Its roots are in an age when customers patronised local speciality shops. Today it operates in a world of e-commerce operating across national boundaries. To succeed in passing off, the claimant must show it has goodwill, that there has been a misrepresentation, and as a result that the claimant has suffered damage or, in a quia timet action, that there is the likelihood of damage. Necessary to establishing goodwill is not only that the claimant's goods and services have a reputation in the relevant jurisdiction, but also that the claimant has customers there. The question raised in Starbucks (HK) Ltd. v British Sky Broadcasting Group Plc. [2015] UKSC 31; [2015] 1 W.L.R. 2628 was whether this principle is still relevant in what Lord Neuberger described as “the age of global electronic communication” (at [1]). The Supreme Court held that it was.

From Denationalisation to Wholesale Broadband Access: A Retrospective of Regulatory Policies in the UK for the Communications Industry

This paper examines the shifting regulatory policies in the United Kingdom (UK) across three market segments, telecommunications, radio/television and cable, starting with British Telecom's (BT's) denationalisation in 1984. For the period examined, this paper focuses on following key events – – The phased liberalisation of the UK communications industry starting with the BT-Mercury Communications duopoly in 1984 – The allocation of cable franchises as regional monopolies in the mid-1980s – Introduction of satellite broadcasting and the influence of British Sky Broadcasting (BSkyB) Corp. on broadcasting services in the 1990s – The emergence of the Internet/Web and the subsequent development of a broadband policy from mid-1990s onwards Drawing on Dodgson et al.'s concepts of Market logic, Coordination Logic, and Complex-Evolutionary Logic, the authors argue that the forms of regulation introduced shaped the ways the UK communications industry developed. Thus although the denationalisation grew out of a free market ideology, in practice the free market philosophy was tempered for a number of pragmatic reasons. Prominent among these was a need to create a competitive market in a context where competitors would be unlikely to emerge without regulatory intervention, and an emphasis on price competitiveness to ensure that the end-users benefitted from the best possible prices on available products and services. Subsequent events show that these interventions had unintended consequences. The unforeseen popular demand for Internet/Web access found regulators struggling to find ways to promote a competitive market, and incumbent operators struggling to find a way to offer a suitable product.

Media Ownership and the Public Interest: The Case of Virgin Media, British Sky Broadcasting and its ITV Shares

Media Ownership and the Public Interest: The Case of Virgin Media, British Sky Broadcasting and its ITV Shares

The Stock Market Effects of the Sale of Live Broadcasting Rights for English Premiership Football

An analysis is reported of the short-term effects of the announcements in 1996 and 2000 of the winning bids for the live English Premiership television broadcasting rights on the share prices of British Sky Broadcasting (BSkyB) and several football clubs. Over time, the commercial fortunes of football and broadcasting have become increasingly intertwined. Meanwhile, a number of leading clubs have acquired stock exchange listings. The reaction of BSkyB investors to the 1996 announcement was neutral; however, among the football clubs the reaction was favorable. BSkyB investors viewed the 2000 announcement more positively, while the football clubs' share price reaction was muted.

Global & satellite versus local and terrestrial: an exploratory study of advertising within the UK

This study assesses the impact of the growth of satellite television in the UK on terrestrial channels. The paper outlines the debate concerning satellite television's potential role in globalisation and pan-European marketing processes, provides background information on the development of satellite television in the UK, and gives an insight into the structure of the main UK satellite service, British Sky Broadcasting (BSkyB). An exploratory study into the advertising content of terrestrial commercial (TTV) and satellite television (BSkyB) is discussed and findings are presented. Differences and similarities in advertising content between terrestrial and satellite, in particular the extent of global, national and regional advertising on both channels, are indicated.