KUALA LUMPUR: In a landmark decision on 24 May, the Intellectual Property High Court in Kuala Lumpur declared that the sale, offer for sale, distribution and/or supply of TV Boxes or illicit streaming devices (“ISDs”) that can provide unauthorised access to copyrighted works, constitutes copyright infringement under the Copyright Act 1987.
The action in the Intellectual Property High Court was brought by Measat Broadcast Networks Sdn. Bhd., the service provider for Astro, against a seller of ISDs preloaded with applications which act as gateways to websites or content servers streaming pirated content.
The historic judgment, considered to be the first by the Intellectual Property High Court, is positively received by the authorities and industry players in their battle against digital piracy. Industry leaders including Astro laud the High Court’s judgement as a bold step in the right direction against piracy in Malaysia.
Laila Saat, Director, Regulatory of Astro said, “The declaration by the High Court that sale of ISD which allows access to unauthorised copyright content amounts to copyright infringement sets a precedent for future civil claims on copyright infringement against ISD sellers in the market, including those on e-commerce platforms. This ground-breaking declaration will strengthen intellectual property protection in the country and ongoing anti-piracy efforts, which are pivotal to ensure continuous investment and job creation in Malaysia’s media and entertainment industry. We will continue to work with authorities and content partners to send a strong message that content piracy is theft, illegal and punishable by law.”
Zulkarnain Mohd Yasin, Chief Regulatory Officer of the Malaysian Communications and Multimedia Commission (MCMC) said: “MCMC welcomes the court's decision, this will strengthen the legal aspects in protecting copyright infringement and battle against piracy, especially in digital and networked forms”.
Dr. Ahmad Idham Ahmad Nadzri, CEO of the National Film Development Corporation Malaysia (FINAS) said: “Acknowledging that more proactive action is needed to fight digital piracy in the country, FINAS expresses full support for legal action taken by Astro against ISD sellers and all digital piracy activities as these illegal activities has caused the local creative industry a huge loss in revenue every year. In driving more holistic and effective strategy battling digital piracy, FINAS has established the Digital Piracy Eradication Committee with the collective support and involvement of relevant law enforcement agencies to further empower and strengthen enforcement, regulations and the terms of distribution licences in line with the provisions under the FINAS Act 244 1981”.
Zulkarnain Muhammad, Deputy Director General of the Intellectual Property Corporation of Malaysia (MyIPO) said: “MyIPO looks forward for cases concerning ISDs to be brought forward to the Malaysian court. Prevalent and widespread use of ISDs cause far more economic harm than physical copyright piracy. These devices are part of a wider network of online copyright piracy, which will in the long run disincentive original creators from producing creative work. Copyright piracy in any form should be curbed and deterred.”
Louis Boswell, CEO of the Asia Video Industry Association (AVIA) said, “Today’s decision is the correct one and we welcome it whole-heartedly. Content is not made for free, and it is the right of creators and distributors to charge for it. To circumvent this and steal it is theft, and I see little difference between the theft of physical goods and the theft of video streams. As a society we need to do more to recognise theft for what it is and this ruling is a strong step in that direction.”
Kevin Plumb, Premier League Director of Legal Services said: “This is an important and welcome declaration by the Intellectual Property High Court, and sends a clear message that the sale of ISDs that provide unauthorised access to copyrighted works constitutes copyright infringement. The Premier League is committed to pursuing all those involved with providing illegal access to Premier League content as well as working to raise awareness of the risks fans face when watching via unauthorised sources. We will continue to work with Astro and local authorities as part of our ongoing anti-piracy programme in Malaysia.”
The estimated loss to the industry and Malaysian economy due to piracy is over RM3 billion annually with RM500 million in taxes and thousands of jobs at risk.
Today’s declaration by the High Court follows recent criminal cases successfully brought against ISD retailers. On 8 February, a company director of an IT company was charged at the Shah Alam Sessions Court under Section 41 (1) (ha) of the Copyright Act 1987 with promoting Long TV Android boxes which allow the bypassing of technological protection measures on copyright broadcast work. On 16 February, a woman director of a mobile accessory company pleaded guilty to a charge of possessing TV media boxes that contains software to illegally stream Astro’s content via the internet. She was fined RM30,000 under Section 232(2) of the Communications and Multimedia Act 1998, making her the first ISD seller to be charged under this provision.
The Domestic Trade and Consumer Affairs Ministry (KPDNHEP) reiterated that it will take stern action against suppliers and sellers who misuse devices and software to illegally access content protected by their copyright work owners. The public is reminded to channel information of piracy activities to the Ministry through the hotline 1-800-886-800 or 03-8882 6088 at the Enforcement Command Centre or WhatsApp at 019-279 4317.
Media Statement
Mon May 24 2021
The estimated loss to the industry and Malaysian economy due to piracy is over RM3 billion annually with RM500 million in taxes and thousands of jobs at risk. - FILEpic
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.