Illicit streaming devices under the copyright microscope

30 November 2019

Illicit streaming devices under the copyright microscope

For the first time in Singapore, a group of rights owners consisting of telecommunication companies and cable TV providers successfully enforced their rights against a seller of illicit streaming devices (ISDs). Abdul Nagib Abdul Aziz (the respondent) pleaded guilty to one charge under Section 136(3A) of the Copyright Act Cap 63, while another charge under Section 134(4) of the Copyright Act was taken into consideration for the purpose of sentencing. The respondent was fined S$1, 200 (US$880).

The proceedings under Section 11(10) of the Criminal Procedure Code (Cap. 68) were brought by the managing director of a security and brand protection consultancy firm (the complainant), who was instructed by the right holders to initiate the suit.

 

Background facts leading to the suit

On May 4, 2017, an investigator hired by the right holders visited the respondent’s store and purchased one ISD from the respondent. Upon examination, it was determined that the ISD was able to stream copyrighted material owned by the rights holders illegally. On May 23, 2017, members of the Intellectual Property Rights Branch of the Singapore Police Force conducted a raid on the respondent’s store and seized several ISDs.

 

What are ISDs?

ISDs are devices that operate on an operating system, an example being the Android operating system, which are usually preinstalled with subscription-based applications.

According to the Intellectual Property Office of Singapore, the use of such streaming devices to gain access to legitimate content is not illegal. It only becomes illegal when users are able to enjoy their favourite sports or television dramas without having to pay any subscription fee to the right holder.

 

Conclusion

In a joint statement to the media, the rights holders “view this outcome as a welcome development and continue to stand against piracy to protect the intellectual property of content and copyright owners.”

Under Section 136(3A) of the Copyright Act, any person guilty of an offence under Section 136(3A) shall be liable on conviction to a fine not exceeding S$20,000 (US$14,600) or to imprisonment not exceeding six months or to both.

Such retailers should also bear in mind that, according to the Singapore Copyright Review Report dated January 17, 2019, that subject to certain conditions, “new legislative provisions will be introduced in the future to impose civil and criminal liability on people who wilfully make, import for sale, commercially distribute or sell” set-top boxes.


About the author

 Denise Mirandah

Denise Mirandah

As a Director, Denise Mirandah has played a major role in the international promotion of the company, helping to share the family values of Mirandah Asia and its successful one-stop shop approach to IP with clients all over the world.

Denise has had a passion for IP from an early age and, as the daughter of Patrick and Gladys Mirandah, grew up in a household where IP was discussed regularly. She studied her Bachelor of Laws at the prestigious Cambridge University in the UK. There, she underwent rigorous academic training with the world’s most eminent legal minds, including Professor Bill Cornish, a renowned authority on IP law.

During her summer holidays, she attended Harvard University in the US to hone her drafting skills and familiarise herself with the American legal system, voluntarily working as part of Harvard’s pro bono programme in Boston.

Denise has been admitted to the Bar in Singapore since 2009, and in Brunei as of 2017.

 Jin Yang Choo

Jin Yang Choo

Jin Yang Choo graduated from Singapore Management University in 2018 and was called to the Singapore Bar in 2019. He completed his practice training in Mirandah Law and is now an associate in the firm. He has provided a plethora of legal opinions to leading companies on complex intellectual property and commercial issues and has engaged in a wide variety of civil litigation disputes.

Law Firms


Law firms

Please wait while the page is loading...

loader