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Vietnam Court Issues First Criminal Verdict for Online Copyright Violation

On April 19, 2024, the Hanoi People’s Court issued Vietnam’s first criminal sentence for online copyright infringement. Le Hai Nam, the operator of the illegal IPTV subscription service BestBuy IPTV, faced criminal charges following investigations.

The Case and Key Details

BestBuy IPTV has been regularly featured on the United States Trade Representative’s blacklist over the past five years due to its distribution of illegal content. The service provided unauthorized access to various entertainment and sports programs, including content from the English Premier League. Le Hai Nam admitted to managing this illegal service, which led to significant legal repercussions.

Legal Points and Verdict

The court’s decision underscored several notable legal points:

  • Violation of Copyright and Related Rights: Judge Le Hai Yen emphasized the severity of Nam’s actions, highlighting the infringement on the rights of content creators and organizations such as the English Premier League.
  • Societal Threat: The ruling highlighted the broader societal impact of such violations, noting that unauthorized distribution of content poses a significant threat to the integrity of intellectual property rights.

The court sentenced Le Hai Nam to a 30-month suspended prison term. Additionally, Nam was fined a total of 4,000 USD. The court also confiscated over 24,000 USD in illegal profits, which were transferred to the state treasury. Furthermore, Nam was required to pay 12,000 USD in compensation according to the indictment.

Broader Implications and Reactions

This ruling is seen as a pivotal moment in Vietnam’s efforts to combat online copyright infringement and sets a strong precedent for future legal actions. Kevin Plumb, General Counsel of the English Premier League, hailed the verdict as a significant success. He praised the collaborative efforts between Vietnamese authorities, local law enforcement, and the English Premier League, emphasizing that this case sets an important global precedent for the protection of intellectual property rights.

Plumb also highlighted the dangers of accessing Premier League content through illegal means and encouraged fans to support official channels, which provide the safest and most reliable access to content.

Moving forward, the English Premier League has reaffirmed its commitment to working with law enforcement agencies worldwide to protect the integrity of entertainment and sports content. Their efforts will focus on ensuring fans can access content through legal channels, thereby safeguarding the rights of creators and fostering a culture of respect for intellectual property.

The English Premier League is actively collaborating with partners and television regulators to prevent copyright infringement through various strategies. These include blocking illegal websites and apps, pursuing legal action against providers of illicit streaming services, and conducting extensive awareness campaigns. These efforts aim to promote the enjoyment of top-tier football through authorized platforms, ensuring the protection of intellectual property rights on a global scale.

In conclusion, the Hanoi People’s Court’s ruling marks a significant victory in the fight against online copyright infringement, sending a clear message that such violations will not be tolerated and will face serious legal consequences.

***ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient, and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].

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