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PRESS RELEASE: Belgian appeal court confirms conviction of illegal card-sharing operator

AAPA

27th February 2015

The operator of the card sharing network hosted approximately 400 users and advertised his card sharing services through eBay in conjunction with the sale of specifically adapted decoders. An accomplice also sold subscriptions to the operator’s network in exchange for a percentage of the subscription fee. The Court of Appeal analysed in detail the card sharing system and declared the system to be illegal and contrary to EU law and its national implementing measures.

At first instance, the card sharing network operator had been sentenced to 150 hours of community service (or a 6 months jail sentence) by the criminal court of Dinant. The card sharing network operator appealed this decision and the Court of Appeal of Liège has now confirmed the infringement and increased the penalty to 250 hours of community service (or an 18 months jail sentence) and a fine of EUR 1,800 (or an additional 3 months of imprisonment).

The accomplice was convicted by default to a sentence of 5 months imprisonment, and a fine of EUR 550.

In addition, the Court of Appeal declared the income generated by the illegal practices forfeited (the amount was capped by the court) and awarded damages to the AAPA members that had brought the claim.

During police investigations it was established that since the start of the network in 2007, the operator had earned over EUR 100,000 from the illegal activities. The investigative judge found links between card sharing networks in Belgium, France and Russia. The investigation also showed that the card sharing operator had filed false declarations of theft with pay-TV providers after the cards used for the card sharing network had been seized by the Belgian police.

Commenting on this sentence, Christine Maury Panis, Vice-President of AAPA and Executive Vice-President and General Counsel of Viaccess-Orca , said that: “This case was a first, involving a joint action by most of the major pay TV operators and conditional access providers in Europe. Although the legal process has been at times slow, the result is positive. The decision provides an unambiguous and strong signal to courts, prosecutors and pirates that card sharing is clearly illegal and subject to severe and significant sentences. AAPA will continue to facilitate collaboration amongst its members in the fight against piracy, whether for card sharing cases or for streaming or for new areas such as cloud piracy. It will also continue to work with enforcement agencies, EU institutions and others to ensure that there is greater awareness of audiovisual piracy.”

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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.”