German Appeal Court of Celle has confirmed the legal assessment of the district
court of Verden in the trial against a Sky Deutschland card sharing pirate, sentencing
a 53 year old man to 1 year in prison, reports ITRealms.
According
to Broadband TV, the district court imposed a 1-year prison sentence on probation
on a 53-year old man from federal state Lower Saxony because of computer fraud
in conjunction with circumventing technical protection measures in 65 cases in
February 2016.
Also, ITRealms reports that the
appeal court confirmed the conviction for computer fraud following the appeal
lodged by the defendant against the lower court’s verdict. This marks the first
time that a higher regional court has confirmed that card sharing constitutes
computer fraud. The decision is final and non-appealable.
The
judges considered it to be evident that card sharing resembles an illegal usage
of data leading to a direct financial loss at Sky Deutschland.
The
appeal court, however, didn’t confirm the criminal offences of spying out data
and circumventing technical protection measures the district court took into
account in its verdict. The judges therefore submitted the case back to the
lower court for reassessment of the sentence.
The
defendant had been illegally distributing Sky Deutschland’s offers through the
internet since spring 2009 by operating a card sharing server and selling
access to it. This enabled third parties to watch Sky Deutschland’s programmes
without paying subscription fees to the pay-TV broadcaster.
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