2 Android TV box sellers taken to court by telcos, Fox and Premier League

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SINGAPORE ― Two Android TV box sellers have been charged on Friday (Jan 12) with “willfully infringing” copyright, in a private prosecution case launched by telcos SingTel and StarHub, as well as entertainment giant Fox and the organising body of the English Premier League (EPL).

Local distributor Synnex Trading, which makes regular appearances at IT shows, and retailer An-Nahl, which used to carry Synnex’s set-top boxes, were accused of infringing copyright willfully under Section 136 (3A) of the Copyright Act.

Synnex director Jia Xiaofeng and An-Nahl’s director Abdul Nagib Abdul Aziz were each also charged on Friday (Jan 12) under the same section of the Act. Each charge carries a punishment of up to six months’ jail, or a fine of up to S$20,000.

Nagib told district judge Adam Nakhoda that he intends to claim trial and will be engaging a lawyer. Jia said he is discussing his next steps with his lawyer.

Nagib will next appear in court on Jan 26, while the cases involving Jia would be heard again on Feb 2.

Synnex and An-Nahl are the first set-top box retailers to be hauled to court. The outcome of the criminal proceedings against them could affect the rampant use of these set-top boxes, which have become a feature on every floor of electronic mall Sim Lim Square and at IT shows.

If any of the cases head to trial, intellectual property lawyers told TODAY that they would provide an opportunity for the court to clarify its legal positions on the laws concerning set-top boxes, which do not store or decrypt copyrighted content.

Listed as the complainant in these cases is Coalition Against Piracy (CAP) general manager Neil Kevin Gane, who is acting on behalf of Singtel, Starhub, Fox Networks Group and Premier League. They are represented by lawyer Lim Ren Jen from Baker McKenzie Wong & Leow. 

Mr Lim told reporters CAP is not involved in the case.

The criminal case proceeded to court after all parties involved in the case could not reach a settlement following the filing of a Magistrate’s Complaint.

The boxes in question emerged some three to five years ago following a crackdown on the sale and distribution of decoders, which are illegal under the Broadcasting Act as they decrypted broadcasts offered by StarHub.

These new renditions often come preloaded with apps that let users stream pirated movies, television shows or sports programmes easily from sites, which do not belong to the sellers.
Synnex’s boxes cost S$219 each. The company, which has a following of close to 60,000 on Facebook, also charges customers S$40 a year as server maintenance fees, and a one-time S$40 charge for on-demand content or television shows.

Members of the CAP, which was formed last October, include the Cable and Satellite Broadcasting Association of Asia (Casbaa) that lists StarHub and SingTel has members, as well as content providers such as The Walt Disney Company, HBO Asia, BBC Worldwide, and Sony Pictures Television Networks Asia.

Last month, CAP’s Mr Gane voiced concerns about the “overt sales” of set-top boxes in malls and IT fairs.

“What are predominantly sold in Sim Lim Square and at Singapore’s many IT exhibitions are illicit streaming devices preloaded with piracy enabling applications. They are not ‘empty’ and therefore ‘legal’ boxes,” he added.