Man from Wexford ordered to pay €480,000 in damages for breach of copyright associated with the sale of a questionable device
In a landmark ruling, the High Court of Ireland has ordered David Dunbar to pay €480,000 in damages to Sky UK Limited for copyright infringement. The court also imposed a permanent injunction, prohibiting Dunbar from operating any internet protocol television service (IPTV) in the future.
The case against Dunbar was brought by Sky, who accused him of providing thousands of customers with access to their copyrighted material since 2018. The court found Dunbar to be a "top-level" copyright infringer, who may have earned up to €450,000 annually from his illegal service.
Dunbar was also found to be in contempt of court for breaching multiple orders designed to preserve evidence and freeze his assets. He refused entry to an independent solicitor under an Anton Piller order and destroyed evidence related to his infringement. The court is considering further sanctions for this contempt, which could potentially include imprisonment.
In addition to the financial penalties, Dunbar was ordered to pay Sky’s legal costs of about €100,000. His legal representatives informed him of the seriousness of the matter, following which he sought to comply with the court's orders.
The case serves as a reminder of the significant consequences for operating an illegal streaming service in Ireland. Apart from substantial damages payments, legal costs, and permanent injunctions banning such activities, contempt of court orders related to copyright enforcement could potentially lead to criminal sanctions.
During the hearing, Mr. Lehane, senior counsel for Mr. Dunbar, asked the court to take into account Dunbar's speedy consent to a judgment against him in default of defense when considering sanctions for his contempt.
The case returns to court next month, where the court will reserve judgment on an attachment and committal to prison motion moved by Sky over Dunbar's breach of several court orders.
[1] Irish Times: https://www.irishtimes.com/business/media-and-marketing/david-dunbar-ordered-to-pay-480000-to-sky-for-illegal-iptv-service-1.4494111 [2] The Journal: https://www.thejournal.ie/david-dunbar-copyright-infringement-4583452-Mar2020/ [3] The Irish Examiner: https://www.irishexaminer.com/breakingnews/ireland/illegal-iptv-operator-david-dunbar-ordered-to-pay-480000-to-sky-449409.html [4] The Independent: https://www.independent.ie/business/irish/david-dunbar-ordered-to-pay-480000-to-sky-for-illegal-iptv-service-38826254.html
Technology played a significant role in Dunbar's infringement, as he operated an illegal streaming service, and the court-imposed permanent injunction prevents him from operating any internet protocol television service (IPTV) in the future. Contempt of court, related to Dunbar's copyright enforcement orders, could potentially lead to imprisonment, illustrating the severe consequences of disregarding technology laws.
