Legal explosion: Two sellers of pirate IPTV services convicted following Sky's shock investigation!

Two men convicted of selling pirate boxes and access to pirate IPTV services

Despite awareness campaigns and warnings of criminal consequences, there's no shortage of people willing to openly sell pirate boxes and pirate IPTV subscriptions.

Awareness has improved in recent years, but for those involved many years ago, historical perceptions may have been somewhat different. In the case of two men from Northern Ireland, an investigation by Sky and the police should have come as a surprise, but the fact that it took five years to reach its final conclusion was probably not anticipated.

Pirate boxes, pirate IPTV services

The Police Service of Northern Ireland (PSNI) revealed this week that detectives and Sky have been investigating the sale of devices "used for the provision of pirated television channels" and the "provision of streaming services (IPTV)".

Between September 2018 and January 2019, the operation focused on a Belfast business run by two local men, Padraig McVicker, aged 43, and Gary Doherty, aged 27. Although the PSNI does not provide further details on the nature of the business, Companies House data reveals that McVicker was the sole director of a company involved in various aspects of the satellite TV business.

A second company, Free TV NI Limited, of which McVicker and Doherty were both directors, was initially registered as a seller of second-hand goods. While this may have been the case, advertisements on platforms such as Yell show that the company was also involved in the sale, installation and repair of satellite TV.

As far as legality is concerned, this is not a problem as long as they are not configured for piracy, but when they are, prosecutors have several opportunities at their disposal.

Prosecutions and guilty pleas

The PSNI notes that, after being arrested and charged, both McVicker and Doherty pleaded guilty to several offenses under various statutes.

Under section 297A(a) of the Copyright, Designs and Patents Act 1988, both men admitted "the sale, distribution or rental or the exposing for sale or rental of an unauthorized decoder".

The legislation states that "any person who manufactures, imports, sells or rents an unauthorized decoder is guilty of an offence". Those who can prove they didn't know a decoder was unauthorized are not committing a crime, but that doesn't seem to be the case here.

McVicker also pleaded guilty to an offence contrary to section 126(1) of the Communications Act 2003, which relates to possession of a "device" for the purpose of fraudulently obtaining electronic services.

Under this legislation, a person is guilty of an offence "if he has in his possession or under his control" anything that can be used to obtain an electronic communications service, or in connection with obtaining such a service. Once again, intent plays a key role here.

McVicker also admitted possession of criminal property, contrary to section 329 (1)(c) of the Proceeds of Crime Act 2002.

Sentencing at Belfast Crown Court

In Belfast Crown Court on Tuesday, McVicker was sentenced to eight months' imprisonment, with a further eight months' probation for offences under section 297A(a) of the Copyright, Designs and Patents Act.

For possession of a device for fraudulently obtaining services, contrary to section 126(1) of the Communications Act, he was sentenced to six months' imprisonment, although this was served concurrently.

Gary Doherty's infringements of section 297A(a) of the Copyright, Designs and Patents Act earned him 175 hours of community service.

PSNI and Sky welcome convictions

Commenting on the sentences, Detective Chief Inspector Tom Phillips, the Police Service's head of intellectual property crime, highlighted the key differences between standard and modified IPTV devices.

"IPTV devices are legal when used to watch free or legitimate pay TV services, but once adapted or reconfigured to broadcast content without the appropriate licenses and creators' consent, they become illegal," he said.

"People think these are victimless crimes, but behind these services are often international organized criminal gangs, who commit the most serious crimes," he added.

The PSNI did not claim that the Belfast men were part of an internationally organized criminal gang, but took the opportunity to issue a warning to users of IPTV services.

"Users and subscribers of illegal services must also be aware that they are committing an offence for which they can be prosecuted," he said.

Broadcaster Sky said it welcomed the convictions and joined the PSNI in issuing a warning to users.

"We are pleased to support the Police Service of Northern Ireland in this action, both to prevent access to stolen Sky content and to protect consumers from the real risks of accessing this content in this way," said Matt Hibbert, Sky's Director of Anti-Piracy, UK and Ireland.

Sky did not specify what risks, if any, users of the convicted men's devices were exposed to.