BSkyB gets order in smart card case

PIRATE smart cards to activate Sky Broadcasting TV channels were being distributed by an Irish based company set up by an English…

PIRATE smart cards to activate Sky Broadcasting TV channels were being distributed by an Irish based company set up by an English businessman, it was claimed in the High, Court yesterday.

SkyBroadcasting secured a temporary order which restrained Mr Harold Christopher Cary, Clare Hill, Esher, Surrey, and Megatek International, Dun Laoghaire Shopping Centre, from disposing of or reducing assets in Ireland below Cush BL, for British Sky Broadcasting, said his client had issued proceedings last week in England which granted injunctions against both defendants.

Mr Terry Leggett, solicitor, in an affidavit for Sky Broadcasting, said the company operated and owned several satellite television services.

A viewer had to enter into a subscription contract, buy a "decoder" and then received a card.

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For some time, said Mr Leggett, Sky Broadcasting had encountered pirate smart cards and last January became aware of Megatek's activities. The Federation Against Copyright Theft (FACT) had bought cards from Megatek which decoded Sky's channels.

FACT established that Megatek was the marketing, sales and distribution office of a sophisticated operation set up in Britain, with the intention of appearing to be wholly based in Ireland, said Mr Leggett. Mr Cary, who used the alias Harry Edwards, was the founder.

Mr Cary and Megatek had an estimated turnover of £50,000 in a recent three week period, said Mr Leggett. He understood the English courts had assumed jurisdiction under EU rules in respect of Megatek.

Mr Cush said the allegations against Mr Cary and his company were extremely serious and included allegations of ongoing deception and breaches of previous orders.