In more detail
Ge Xin, a 36-year-old Singaporean who ran two companies in Sim Lim Square, pleaded guilty to 16 charges in relation to selling ISDs that had applications allowing users to access copyrighted content from various sources, including Disney, Netflix and the Premier League.
ISDs are typically pre-loaded with computer programs or applications that provide unauthorized access to copyrighted work.
The court's sentence follows simultaneous raids on retail shops in Sim Lim Square in October 2022 by officers from the Criminal Investigation Department of the Singapore Police Force. In total, four women and 13 men were arrested for their suspected involvement in the sale of these ISDs, and more than 2,500 ISDs valued at about SGD 500,000 were seized.
Out of this number, more than 2,500 ISDs were seized from shops operated by Ge's companies, MT Gadget+ and Grandnew.
The prosecution urged the court to impose deterrent sentences to signal clearly to the public and the industry that selling such ISDs will carry serious legal consequences.
Ge's sentence of 10 months' imprisonment related to eight charges.
MT Gadget+ and Grandnew received fines of SGD 200,000 and SGD 100,000, respectively, in relation to four charges each.
The maximum sentence under the Copyright Act 2021 for such offences is SGD 100,000 and/or imprisonment of up to five months for individuals, and a fine of up to SGD 200,000 for companies.
Key takeaways
The relevant provisions of the Copyright Act 2021 were introduced three years ago to address the growing issue of ISDs.
Per the second minister for law, Edwin Tong, during the second reading of the Copyright Bill, these provisions impose civil and criminal liability on commercial dealers in hardware devices, software applications and services that facilitate access to unauthorized content.
The changes in the Copyright Act 2021 were part of a long-awaited effort to modernize Singapore's copyright laws in response to technological advancements and changes in how content is created, distributed and consumed.
Prior to the introduction of such specific remedies, rights holders were previously constrained to try and rely on other liability provisions in the former Copyright Act to seek relief in respect of such acts.
This new law ensures that rights holders have the necessary tools to enforce their rights against commercial dealings in these devices.
This landmark case serves as a reminder to businesses and individuals involved in the sale and distribution of illegal streaming devices that there are serious legal consequences for such activities. It also reinforces the importance of complying with copyright laws and respecting the IP rights of content creators.
The prosecution's push for a deterrent sentence highlights Singapore's commitment to protecting IP rights and deterring piracy through robust enforcement of copyright laws. As the deputy public prosecutor emphasized to court, a deterrent sentence is in line with Singapore's efforts to strengthen our position as a global IP hub and maintain our position as a top-ranked IP regime.
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