PRESS RELEASE: AAPA welcomes 3 successful convictions in Germany

20 February 2015

AAPA welcomes 3 successful convictions for operating card sharing servers in Germany

In three separate criminal cases involving AAPA member, Sky Deutschland, local courts in Germany have issued fines and suspended prison sentences to operators of different card sharing servers in Recklinghausen, Munich and Pforzheim .

The case in the local court of Bochum resulted in a suspended prison sentence of 1 year and 6 months plus a fine of €2000 being imposed on the principal offender of a card sharing operation in Recklinghausen. The Bochum court stated in its decision that the card sharing operation, which had 423 users caused damage of €430,000, creating an income of €143,000 for the card sharing server operator and a loss to the fiscal authority of €34,000.

The court of Munich convicted a local card sharing server operator and issued a suspended prison sentence of 1 year and 10 months and a fine of €1700. The Munich court decreed that the card sharing activity was computer fraud on a commercial scale; the fraud being committed jointly with the users. The court cases against the users are being handled locally at the place of residence of the users: the first ones have already been concluded with the users being convicted.

The case in the local court of Pforzheim resulted in a penalty order with a suspended prison sentence of 1 year.

Andreas Rudloff, VP Platform Services and Security, Sky Deutschland, said that: "These decisions demonstrate that offering illegal access to pay TV content as well as the use of illegal content is drawing increasing attention from law enforcement.  Investigations by specially trained investigation teams in combination with experienced and specialised prosecutors enable courts to decide on such criminal cases by weighing up the underlying criminal intent and allow them to apply appropriate criminal legislation".

n welcoming these German court cases Sheila Cassells, Executive Director of AAPA, commented that: "AAPA has identified a need to increase the knowledge and expertise of law enforcement officers, including prosecutors, in this increasingly complex criminal area. These decisions support the strategy of AAPA and its members to support training of law enforcement agents on a national and international level. We will continue to develop and implement training on audiovisual internet piracy."

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