The Tokyo Olympics has drawn a significant number of Taiwanese viewers, and the discussion on set-top box audiovisual content infringement has thus arisen. The Taiwan Intellectual Property Office of the Ministry of Economic Affairs emphasizes that, in accordance with the Copyright Act, manufacturing, importing, or selling set-top boxes that stream infringing audiovisual content is a violation of the law and is punishable by up to two years in prison and/or a fine of $500,000 NTD. TIPO once again appealed to the public to avoid using set-top boxes from unknown sources and support legal copyrighted content in order to ensure quality audiovisual content.

In recent years, some set-top boxes or applications that are available on the market have provided users with convenient access to infringing websites that offer illegal audiovisual content, thereby reaping huge profits and gravely harming the rights of copyright owners or legally authorized OTT service providers, which further hinders the development of the content industry in Taiwan. TIPO points out that in order to put a halt to this illicit activity, subparagraph 8 of paragraph 1 of Article 87, and Article 93 of the Copyright Act were passed and implemented on May 1st, 2019, stating that violators are punishable by a sentence of up to two years imprisonment or detention, or in lieu thereof or in addition thereto, a fine of not more than $500,000 NTD.

TIPO states that the following circumstances are punishable by law:

1. To publish applications that aggregate illegal audiovisual network links (commonly known as “binge-watching apps” 追劇神器) on Google Play Store, Apple Store, other platforms or websites, etc. for the public to download and watch.
2. To providing guidance, assistance, or preset paths for the public to download and watch, although not involving the aforementioned illegal applications, are also deemed illegitimate actions. Set-top boxes, for example, albeit having no prohibited apps built-in, remain illicit given that they provide instructions or presets for users to install and use.
3. To manufacture, import, or sell equipment or devices preloaded with such illegal applications, e.g., the set-top boxes with built-in apps on the market.

After the passage of the abovementioned amendment, a number of cases of manufacturing illegal set-top boxes have been referred to judicial authorities for investigation or trial. In addition, in order to rectify the order in the market as soon as possible, TIPO coordinates with online platforms and sales channels to remove illegal set-top boxes and strongly urges the public to support and watch our 2020 Tokyo Olympics national team through legal streaming services.

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Subparagraph 8 of paragraph 1 of Article 87 of the Copyright Act

Knowing that the works broadcast or transmitted publicly by another person infringe economic rights, with the intent to provide the public to access such works by the Internet, acting as follows, and to receive benefit therefrom:

(1) To provide the public with computer programs which have aggregated the Internet Protocol Addresses of such works.

(2) To direct, assist, or preset paths to the public for using computer programs in the preceding item.

(3) To manufacture, import, or sell equipment or devices preloaded with the computer programs of the first item.

A person who undertakes the actions set out in subparagraph 7 or 8 above shall be deemed to have "intent" pursuant to that subparagraph when the advertising or other active measures employed by the person instigates, solicits, incites, or persuades the public to use the computer program or other technology provided by that person for the purpose of infringing upon the economic rights of others.

Article 93 of the Copyright Act

In any of the following circumstances, a sentence of up to two years imprisonment or detention shall be imposed, or in lieu thereof or in addition thereto, a fine of not more than five hundred thousand New Taiwan Dollars:

4. Violations of Subsection 7 or 8 of Paragraph 1 of Article 87.

• Publish Date : 2021-08-31
• Update : 2021-08-31
• Organization : International Legal Affairs Office
• Visitors : 588