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Friday, October 21, 2016

German court sentences man over card fraud

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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