Skip to main content

Piracy case ruling jeopardises Newcastle takeover

The Saudi-backed takeover of Newcastle United has been placed in jeopardy by a report by the World Trade Organisation that found Saudi Arabia in breach of intellectual property rules by the broadcaster beoutQ, an Arabic language network.  This followed a complaint by Qatar about piracy of Premier League matches.

Qatar argued that beoutQ was streaming content rightfully owned by its broadcaster beIN Sports that has paid billions of dollars for exclusive rights to major sporting events.    In addition to piracy on social media, giant screens were used to allow viewing of 2018 World Cup matches.

The 125-page report is indigestible even for someone who knows something about international trade law, but the key passage is on p.90:
[The evidence]  supports Qatar's assertions that: (a) beoutQ's piracy was promoted by prominent Saudi nationals, (b) beoutQ targets the Saudi market, (c) beoutQ's pirate broadcasts are transmitted via Arabsat satellite frequencies, and (d) beoutQ has received assistance from a Saudi content distributor in delivering its pirated broadcasts to Saudi consumers. Taking these conclusions together, and recalling the applicable standard of proof and evidentiary principles in WTO dispute settlement571, the Panel considers that Qatar has established a prima facie case that beoutQ is operated by individuals or entities subject to the criminal jurisdiction of Saudi Arabia. 

Uefa commented, 'What is clear is that beoutQ's broadcasts constitute piracy of Uefa's matches and, as such, are illegal.'  The Premier League declined to comment.   However, it is open to question whether the Premier League can approve the takeover given that it has previously tried unsuccessfully to take legal action against the piracy in Saudi Arabia.   

It is more than ten weeks since the Premier League instructed its lawyers to see if the takeover complies with its owners' and directors' test.  This allows potential owners to be barred if they have committed an act in a foreign jurisdiction that would be considered a criminal offence in the UK, even if not illegal in their home territory.

Those involved in the takeover argue that the Saudi public investment fund people involved with it are not linked to the piracy, even if the fund is government-controlled.  The Saudi Government insisted that it had been cleared of copyright piracy and the WTO had accepted its national security explanations.

Comments

Popular posts from this blog

Wolves get raw deal from FFP

  I used to see a lifelong Wolves fan for lunch once a month.   He was approaching ninety, but still went to games.   Sadly he passed away the other week. As football finance guru Kieran Maguire has noted, Wolves continue to be constrained by financial fair play rules.  Radio 4 this morning described them as this year's 'crisis club' and the pessimists have certainly been piling in. Martin Samuel wrote sympathetically in the Sunday Times yesterday, saying that the Premier League drives talent away with regulatory red tape: 'Why could Al-Hilal sign Neves? Because Wolves needed the money. And why did Wolves need the money? Because the club had to comply with an artificial construct known as financial fair play. So Wolves are going skint, yes? No. There is no suggestion that Wolves are in financial trouble, only that they are failing to meet the rigours of FFP. Wolves’ owners appear to have the money to run the club, and invest in the club, and in fact came up with a pow

Gold standard ground boosts Tottenham's income

The gold standard in European football grounds is the Tottenham Hotspur stadium in north London, a £1bn construction project completed in 2019. Its impact on the club’s finances has become increasingly clear as the effects of the pandemic have faded. Previously, the average fan would spend less than £2 inside the ground on a typical match day, but now that figure is about £16, thanks to new facilities including the longest bar in Europe and an on-site microbrewery. Capacity has gone up from 36,000 at the club’s previous home of White Hart Lane to 62,000.  The new stadium — built on land adjacent to White Hart Lane — has opened the door to a broad range of other events that have helped to push commercial income up from €117mn in 2018 to €215mn in 2022. Last year, Tottenham hosted US singer Beyoncé for five nights on her global Renaissance tour, two NFL matches, as well as rugby games and heavyweight boxing bouts.  Money brought in from football has gone up too. Match day income is

Charlton takeover approved

The long awaited takeover of Charlton Athletic by SE7 Partners from Thomas Sandgaard has been approved:  https://londonnewsonline.co.uk/se7-partners-obtain-efl-approval-for-charlton-athletic-takeover/ Charlton have had unhappy experiences with owners for over a decade, so how this works out will remain to be seen.  There is certainly potential there, but will it be realised? This interview with Charlie Methven gives detail not available elsewhere:  https://thecharltondossier.com/charlie-methven-on-the-record/