In recent years, some commercially available consoles or App applications have provided the public with a convenient channel to link to infringing websites to watch illegal video and audio content, which seriously damages the rights of copyright owners or legally obtained authorized OTT operators, and further affects the development of our nation’s content industry.
In order to implement the protection of intellectual property rights in our nation, the amendments to “Article 87 and Article 93 of the Copyright Act” were adopted by the Legislative Yuan on April 16, 2019 (the same below) (see the new regulations at the end of the text). The Presidential Decree was promulgated on May 1st and became effective on May 3rd. In addition to civil damages, the perpetrators have a criminal responsibility of imprisonment of less than two years, ora fine of not more than five hundred thousand New Taiwan Dollars.
The products produced and sold by this Company are hardware devices, and there is no built-in, preloaded, or preset illegal video and audio player programs and their channels, and there is no guidance, assistance in installing and linking illegal video and audio player programs, etc., and I appeal here to all stores that sell this public product that they must comply with copyright actsand related regulations. Do not break the law, ensure the rights of consumers, agents, and dealers. If individuals have previously disclosed illegal acts, please bear your own civil responsibility and criminal responsibility, the Company will not be held liable.
Article 87 (1) (8) and (2) of the Copyright Act:
Article 87 Any one of the following situations shall be deemed to infringe the copyright, unless otherwise provided in this Act:
8. Knowing that works that are publicly broadcast or publicly infringed on by others infringe on the property rights of copyrights, and are intended for public disclosure.Those who have access to these works over the Internet have benefited from one of the following situations:
(1) Provide computer programs for the public to collect the Internet addresses of these works.
(2) A computer program that guides, assists, or presets a channel for public use.
(3) Manufacturing, importing, or selling equipment or equipment containing computer programs of the first order.
The perpetrators in Paragraphs 7 and 8 of the preceding paragraphs adopt advertising or other positive measures to instigate induce incite orpersuade public users have the intentions detailed in this paragraph.
Article 93 (1) (4) of the Copyright Act:
Article 93: If one of the following circumstances are met,the perpetrator shall be sentenced to imprisonment of not more than two years, detention, or in lieu thereof or in addition thereto, a fine of not more than five hundred thousand New Taiwan Dollars.”
4. Violation of the provisions of Article 87, Paragraph 1 (7) or (8).
Taiwan Intellectual Property Office, Ministry of Economic Affairs
April 16, 2019Press Release