KUALA LUMPUR, MAY 24: 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, has been declared as copyright infringement under the Copyright Act 1987.
The landmark decision was made by the Intellectual Property High Court in Kuala Lumpur today.
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.
“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,” said Astro’s Regulatory Director Laila Saat.
Describing the decision as a ground-breaking declaration, she said it would strengthen intellectual property protection in the country and ongoing anti-piracy efforts.
“The decision is important to ensure continuous investment and job creation in Malaysia’s media and entertainment industry,” she said.
Laila added that Astro would continue to work with authorities and content partners to send a strong message that content piracy is theft, illegal and punishable by law.
Meanwhile, Malaysian Communications and Multimedia Commission (MCMC) Chief Regulatory Officer Zulkarnain Mohd Yasin, also 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,” he said.
National Film Development Corporation Malaysia (FINAS) CEO Dr. Ahmad Idham Ahmad Nadzri opined that more proactive action is needed to fight digital piracy in the country, expressing FINAS’ full support for legal action taken by Astro against ISD sellers and all digital piracy.
“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,” explained Dr Ahmad Idham.
