Alleged 'dodgy box' operator may have earned €450,000 per year, court told

High Court reporters

Broadcaster and telecommunications giant Sky has claimed in the High Court that a Co Wexford man may have earned up to €450,000 a year from operating a so-called “dodgy box” service.

Sky TV Limited alleges David Dunbar has operated an illegal service providing thousands with access to its copyrighted broadcast material since 2018.

Last month, Sky was granted various orders aimed at gathering evidence of Mr Dunbar’s alleged infringement, including permission to seize devices belonging to him.

In a sworn statement to the court, a Sky anti-piracy investigator says Mr Dunbar is considered by Sky to be a “top-level” copyright infringer, and that his activity “is likely to have been to the very serious detriment” of Sky and broadcasters and legitimate streaming services in Ireland.

Last November, investigators at Sky became aware of a social media account involved in selling an Internet Protocol television service (IPTV). IPTV is the technology behind “dodgy box” services.

This account was later linked to Mr Dunbar, the investigator says.

Separately, Sky investigators were informed of an anonymous tip-off received by UK-based charity Crime Stoppers, alleging Mr Dunbar’s operation of the service.

The investigator estimates Mr Dunbar to have up to 5,000 customers paying for his service, generating about €450,000 per year from the operation. Sky’s investigation found Mr Dunbar allegedly charged two annual subscription rates for the service, priced at €80 and €100 respectively.

The investigator says he believes Mr Dunbar has at least 1,682 customers, but the true number is likely much higher.

On Thursday, barristers for Sky said Mr Dunbar, with an address at Manor Crescent, Roxborough Manor, Co Wexford, had breached a number of the court’s orders, and was in contempt of court.

Theo Donnelly BL, appearing for Sky and instructed by Philip Lee solicitors, said statements made by Mr Dunbar in the proceedings contained inaccuracies and inconsistencies, and failed to explain certain breaches of orders.

Mr Donnelly said bank statements exhibited to an unsworn statement, received by his side this week and due to be filed with the court, appeared to show a dissipation of funds, in breach of freezing orders granted by the court.

Mr Donnelly suggested that Mr Dunbar be given a final opportunity to clarify Sky’s concerns, brought on by his statements.

Adam Dodd, a solicitor representing Mr Dunbar, said his client had provided a “fulsome” affidavit, “warts and all”. He said his client had admitted to his contempt of court, and has indicated that he is seeking to comply with the orders of the court.

Mr Justice Mark Sanfey said he was of the view that Mr Dunbar should “put his best foot forward” and answer queries raised by Sky regarding his statements to the court. Mr Justice Sanfey warned Mr Dodd that there was a limit to his patience.

The judge adjourned the case to next month.