Blog Post

AEPOC informs about breakthrough court ruling against Pay-TV piracy

AAPA

25th October 2010

Belgium prosecutors and AEPOC member Sky Deutschland win court case against pirates in first instance with appeal pending
Belgium court sends pirates to jail for up to 18 months
Sky Deutschland to receive more than 2 million Euros in damages
Belgium anti-piracy laws prove effectiveness – need for better implementation of the Conditional Access Directive in many other EU countries remains

The European Association for the Protection of Encrypted Works and Services, informs about a breakthrough judgement against Pay-TV piracy. Belgium prosecutors, joined by AEPOC member Sky Deutschland , have won a law suit against pirates, who sold illegal viewing cards to Germany and Austria during the years 2006 to 2008. The First Instance Court of Tongeren, Belgium ruled that two accused will be sent to prison for 18 and 8 months respectively. Two more individuals received suspended sentences while one person was found not guilty. In parallel Sky Deutschland is to receive a groundbreaking sum of more than 2 million Euros in damages, plus interest and other compensation payments. 1,850,000 Euros is to be paid by the central pirate in this case, who received the 18 months prison sentence, and by a legal entity. A further 180,000 Euros are to be paid by the pirate sentenced to 8 months in prison. The judgement is appealable.

It is the first ruling of this dimension, punishing Pay-TV pirates to a severe prison sentence as well as a strong payment for damages that have realistically occurred.

The Belgium court found the convicts guilty of having dealt with so-called “blank cards” during the years 2006 to 2008, that had the sole purpose to provide illegitimate viewing access to the Pay-TV offering of Sky Deutschland, operating under the Premiere brand at the time. The case dealt with more than 5,700 cards that were sold at a unit price of 75 Euros. In combination with a software available on the internet and consecutive updates the cards gave illegitimate access to Premiere, possibly during several years. The court rejected the strategy of the pirates and their lawyers claiming their blank cards were not a pirate device as such and therefore no violation of law. However, the public prosecutor proved the pirating purpose by providing various direct and circumstantial evidence.

AEPOC President Philippe-Olivier Rousseau commented: “It becomes crystal clear how detrimental piracy is to the Pay-TV industry looking at the sheer sum of damages to be paid within this single case alone – demonstrating the very criminal nature of Pay-TV piracy.”

In particular the pirates violated the Flemish Decree on Radio and Television Broadcasting. This national law has integrated the provisions of the EU Conditional Access Directive to transpose it into national law. The CA-Directive is the cornerstone EU legislation for conditional access protected services such as Pay-TV. Also Copyright laws and provisions of the Belgium Criminal Code served as legal basis in this case which involved huge money laundering operations conducted by the pirates between Belgium and the city of Aachen in Germany.

President Rousseau continued: “Belgium law and enforcement prove effective for such complex law suits of cross-border Pay-TV piracy and industry crimes. In many other EU countries though we do not see such a satisfying functioning of the Conditional Access Directive and its implementation into national law. Accordingly, AEPOC works inside the European Union for the harmonisation of laws and the introduction of minimum thresholds for sanctions to underline that Pay-TV piracy is a severe crime.”

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AAPA Honours Law Enforcement Agencies with Annual Awards for Excellence in Copyright Enforcement

by AAPA • 19 December 2024

Date, Brussels, Belgium The Audiovisual Anti-Piracy Alliance (AAPA) is proud to announce the recipients of its annual awards, celebrating exceptional contributions by law enforcement agencies in combatting online piracy and protecting intellectual property in the audiovisual sector. This year’s honorees have demonstrated exemplary efforts in the investigation, enforcement, and dismantling of illegal content distribution networks that undermine the creative industries. The AAPA Annual Awards recognize agencies whose proactive strategies and collaborative actions have significantly advanced copyright enforcement online. These awards reflect the growing importance of international cooperation in addressing the evolving and sophisticated tactics used by piracy networks. Oliver Pribramsky, Co-President of AAPA , praised the recipients of the awards, saying: "We are honoured to recognise the outstanding work of these administrative and law enforcement agencies. Online piracy remains one of the most significant challenges facing the audiovisual industry, costing billions in lost revenue each year and threatening jobs across the sector. The dedication and innovation displayed by our award winners not only protect the industry but also reinforce the critical role that law enforcement plays in safeguarding intellectual property in the digital age." Award Recipients This year’s AAPA Awards for Excellence in Copyright Enforcement are presented to: 1. Lifetime achievement Award for Sheila Cassells: On behalf of all AAPA members and stakeholders from all spectrums of the industry, we would like to thank Sheila for her loyalty and friendship over the last 14 years where she transformed AAPA into the organisation it is today and honour her remarkable achievements and lifelong dedication to the fight against audiovisual piracy with this Lifetime Achievement Award.

AAPA MEMBERS JOIN FORCES WITH LAW ENFORCEMENT IN THE WORLD’S LARGEST-EVER OPERATION AGAINST AUDIOVISUAL PIRACY

by AAPA • 27 November 2024

The Audiovisual Anti-Piracy Alliance (AAPA) has supported the Catania Public Prosecutor’s Office, the Croatian State Attorney Office for Suppression of Corruption and Organised Crime and law enforcement agencies in Italy, Switzerland, Sweden, Croatia and England in dismantling the world’s largest transnational criminal organisation alleged to be serving pirated audiovisual content to over 22 million users, and generating over 250 million euros in illegal revenue per month. The operation, conducted yesterday, was coordinated by Europol and Eurojust and involved over 270 officers from the Polizia Postale carrying out 89 property searches in 15 Italian regions. An additional 14 searches were conducted by law enforcement agencies abroad, including five addresses in England, and further searches and seizures in the Netherlands, Sweden, Switzerland, Romania, France, Bulgaria, Germany and Croatia. 11 people were arrested by the Cybercrime Division of the Croatian Police. During yesterday's searches, cryptocurrencies in excess of EUR 1,650,000 and cash in excess of EUR 40,000 were seized as alleged proceeds of the offences committed. These immediately seized proceeds represent only a fraction of an illegal business that is alleged to yield approximately EUR 3 billion per annum. Digital piracy harms the entertainment and creative industries across the continent and is often run by sophisticated criminal networks that may use their profits to fund other serious forms of criminal activity. At the same time, illegal streams can expose the end user to the risks of data theft, fraud and malware. Mark Mulready, Co-president of AAPA, said: “We applaud the efforts of the Catania Public Prosecutor’s Office, the Croatian State Attorney Office for Suppression of Corruption and Organised Crime, Europol, Eurojust, and all of the law enforcement agencies involved in these operations. The scale of these multi-jurisdictional law enforcement actions highlights the considerable challenge our industry faces when dealing with such sophisticated international pirate networks. We are proud to have collaborated with our law enforcement partners to provide technical training and in-field support to assist them in successfully tackling the world’s largest pirate network. We are very grateful to the AAPA members who supported this action day, including Premier League, Sky Group, Nagravision, Deutsche Fußball Liga (DFL), beIN Sports, United Media, Friend MTS and Irdeto. We will continue to closely collaborate with law enforcement agencies in Europe and beyond to enable them to successfully identify, investigate and prosecute large-scale cross-border pirate networks.” ---------- AAPA contact: Mark Mulready +31651246415 Co-President AAPA Miranda Rock +44 7957 391 498 Rocket Launch for AAPA

Audiovisual Anti-Piracy Alliance 2024-2029 EU Manifesto

by AAPA • 1 October 2024

The Audiovisual Anti-Piracy Alliance (AAPA) publishes its first Manifesto, linked here . The document aims to recognise past efforts of EU legislators when it comes to content protection and the fight against copyright infringement, whilst admitting that more can and should be done to address this growing issue. Miruna Herovanu, Executive Director of AAPA said : " After years of laying the groundwork to combat online piracy it’s time for EU policymakers and beyond to fully acknowledge that decisive, targeted measures are needed at the European level. The rise of digital theft demands action. We call for strong political resolve to end the theft of our members' content. We're ready to support every stakeholder—law enforcement, policymakers, and industry representatives—to dismantle criminal networks and protect European consumers from harm."

AAPA ANNOUNCES NEW EXECUTIVE DIRECTOR

by AAPA • 28 May 2024

The Audiovisual Anti-Piracy Alliance (AAPA) has announced the appointment of Miruna Herovanu as its Executive Director. Miruna was previously the Director at the Association of Commercial Television and Video on Demand in Europe in charge of Intellectual Property and Competition policies. She took up her position with AAPA on 27 May 2024 and will be based in Brussels. Miruna will replace Sheila Cassells who is retiring as Executive Vice President of AAPA and will report on a day-to-day basis to the two Co-Presidents, Mark Mulready, VP of Cyber Services at Irdeto and Oliver Pribramksy, Head of IP Protection and Committees at the Deutsche Fussball Liga. She will be responsible for the implementation of the strategy agreed by AAPA members, managing relationships with law enforcement agencies such as Europol, Eurojust, INTERPOL and the European Institutions, delivery of AAPA’s Working Group goals and general management of the Alliance. Mark Mulready said that: “We are delighted to appoint someone of Miruna’s calibre and experience to become the Executive Director of AAPA. Miruna’s commitment to copyright protection is well-known. Her knowledge of the Brussels institutions and the EUIPO will stand AAPA in good stead for future policy developments. A priority will be for Miruna to work closely with AAPA members, the EUIPO and the European Institutions to deliver on, inter alia, the goals of combatting online piracy of sports and other live events recommendation.” Miruna Herovanu commented that: “My professional experience demonstrated that piracy is an ever-growing issue that eats at the heart of Europe’s most important industries. This is a golden opportunity and a new professional challenge that will help further develop my passion for and commitment to protecting copyright. Being able to work with and support industry experts and practitioners in AAPA, law enforcement, the European Institutions and other trade associations is essential to the fight against piracy. I am excited to be taking on this role.”