Man involved in providing illegal access to copyrighted broadcasts avoids jail term

By Brion Hoban

A man involved in an enterprise providing illegal access to copyrighted broadcasts has received a fully suspended sentence.

Ken Costello (49) became involved in the illegal enterprise after becoming unemployed.

The enterprise involved providing unauthorised access to premium television content via streaming and altered set-top boxes.

Dublin Circuit Criminal Court heard that Costello’s role was providing “customer service” via social media to the customers of this illegal enterprise.

Costello, of Leighlin Road, Crumlin, Dublin, pleaded guilty to infringing a copyright without the consent of the owner at a location within Co Dublin between March 19, 2018 and September 11, 2018.

He also pleaded guilty to dishonestly operating a computer with the intention of making a gain at his address during the same period. He has no previous convictions.

Sergeant Frank Lambe told Kieran Kelly BL, prosecuting, that in 2018, authorities identified that two linked enterprises were providing unauthorised access to copyright infringing television broadcasts via illegal streaming and illegal set-top boxes.

Sgt Lambe said test purchases determined that both the streaming service and the altered boxes provided access to premium television content, such as Sky Sports and Sky Cinema.

After the test purchases were made, investigators were able to determine that the money from these purchases was lodged in a Paypal account belonging to Costello’s wife, with it ultimately being transferred on to his bank account.

Some of this money was withdrawn and given to another person believed to be perhaps “the big player” in the enterprise, the garda sergeant confirmed.

The court heard that the streaming service did not have access to its own unlicensed broadcast, but was able to liaise with another entity to secure the privilege to rebroadcast the unlicensed material in this jurisdiction and the UK.

Sgt Lambe agreed with Remy Farrell SC, defending, that his client did very little to disguise his involvement and he was providing “customer service” on social media using his own name.

He agreed the illegal activity was advertised widely on social media.

The sergeant agreed with counsel that his client was offered a chance to get involved by another party and he did so as it allowed him to support his family, work from home and act as the primary carer for his daughter.

Sgt Lambe agreed that in interview with gardaí, Costello made reference to wrongly believing this might have been a “grey area” in term of illegality.

He agreed there was no difficulty in describing the accused as “a minor player”.

Mr Farrell said his client clearly played an important role, but that it was also one that was “self-evidently subsidiary”.

He said the facts of this case provide “a very salutary lesson” to his client and the public.

Judge Elma Sheahan noted that Costello had received the sum of €22,000 for his involvement, but that his accounts were frozen and sums have been confiscated. She said the court acknowledges his full co-operation and that he aided with the investigation.

Judge Sheahan sentenced Costello to 15 months imprisonment, but suspended the sentence in its entirety on strict conditions.