Malaysia | Measat Broadcast Network Systems Sdn Bhd v Koo Kok Wee [Kuala Lumpur Civil Suit No. WA-22IP-61-10/2020]

In this recent unreported but precedent-making case, the Kuala Lumpur Intellectual Property High Court had declared that the acts of selling, offering for sale, distributing and supplying streaming television boxes that could provide unauthorised access to media contents would constitute copyright infringement.

The plaintiff (“Measat”) which owns and operates the satellite television services “Astro”, had commenced the above suit against the defendant (“Koo”) for selling EVPAD 3S streaming television boxes which contained the Android operating system and/or applications that allow or provide access to copyrighted works owned by and/or licensed to Measat.

The Court held that as the streaming television boxes provided unauthorised access to Measat’s copyrighted works including films and music without the consent or license of Measat, Koo had infringed upon Measat’s exclusive right of communication to the public (per sections 3 and 13 of the Copyright Act 1987) and, furthermore, was punishable under section 36 of the Act.