Supplier of equipment to access free MMDS television settles legal action

A LEGAL action in which a man was alleged to have cost four international companies up to €9

A LEGAL action in which a man was alleged to have cost four international companies up to €9.2 million in lost opportunity by selling satellite equipment here which enabled others to access subscription TV services for free, has been settled.

As part of the settlement, Thomas Roddy must pay €102,470 to one of the four companies. He has also agreed to instruct solicitors to sell lands owned by him at Rooskey, Co Roscommon.

Mr Roddy also consented to several perpetual injunctions against him, including orders restraining him from breaching the copyright or trademarks of the plaintiffs, and to co-operate with the companies' investigation into TV piracy.

The companies have agreed the settlement is a full and final settlement of their claims against Roddy and have also undertaken not to make a complaint to the Garda about his alleged activities.

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The settlement was announced at the Commercial Court yesterday by Michael McDowell SC, for the plaintiffs, and was received and filed by Mr Justice Peter Kelly.

The action was brought by UPC Communications Ireland Ltd, East Point Business Park, Dublin, and three Swiss-registered companies - Nagravision SA, Nagracard SA and Kudelski SA.

They all provide services controlling access to digital TV and broadband internet.

Roddy, with addresses at Lower Salthill, Galway, and Crenane Bridge, Ballaghaderreen, Co Roscommon, had denied the claims.

The plaintiffs had claimed Roddy was involved in providing hardware, software and websites which assisted others to receive cable and multichannel multipoint distribution services (MMDS) without paying subscriptions.

Such "protection-defeating services" included the alleged importing, marketing, selling and distribution of illicit set-top boxes (STBs) with a particular software.

A private investigator for the companies said he contacted Roddy via a www.irelandeurovox.com website, arranged to meet him at Ballymolin Cross industrial estate in Dublin on October 13th, 2007, and bought a box labelled as a Eurovox Max V Digital Satellite receiver for €225 cash.

The investigator said Mr Roddy later offered in November 2007 to sell him eight boxes at €155 each and to show how to programme them.

He said he was satisfied Roddy was selling illegal set-top boxes and related apparatus from premises in Dublin and Galway.

The companies last June secured a court order to search and seize goods from premises used by Roddy in Dublin, but claimed Roddy refused to co-operate and left the premises by car.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times