According to the investigation findings, alleged mastermind Pham Nguyen Dung, born in 1979 and residing in Hanoi, and 73 other defendants in the Xoi Lac TV illegal streaming case have been recommended for prosecution on charges including infringement of copyright and related rights, organizing gambling, gambling, and disseminating obscene materials.

Investigators determined that Dung organized members of the “90 Phut” project to broadcast 1,529 football matches without permission from the relevant rights holders for matches protected in Vietnam.

In their investigation conclusions, police also addressed compensation claims submitted by copyright and related-rights holders in the case.

Specifically, the English Premier League preliminarily estimated the minimum losses caused by the copyright infringement at more than $4.6 million. This figure does not include losses incurred by entities licensed by the Premier League to exercise broadcasting rights in Vietnam, including K+ and FPT.

The Premier League is continuing to assess the losses resulting from the alleged copyright infringement and has requested that the total amount of damages and the methodology used to calculate them be clarified during subsequent court proceedings.

Vietnam Satellite Digital Television Co., Ltd. (VSTV/K+) preliminarily estimated its minimum losses from the copyright infringement at more than $83 million. This figure does not include losses incurred by entities licensed by VSTV to exploit or distribute content in Vietnam, nor those incurred by the Premier League.

VSTV is continuing to assess the damage caused by the alleged copyright infringement and has requested that the total losses and the methodology used to calculate them be clarified during the subsequent trial proceedings.

Vietnam Cable Television Corporation (VTVcab) has not yet been able to determine the exact losses caused by the copyright infringement. The company is continuing its assessment and has similarly requested that the total damages and calculation methodology be clarified during subsequent court proceedings.

According to investigators, FPT Telecom Joint Stock Company has not yet appointed a representative to work with the authorities and has not provided a specific estimate of losses caused by the copyright infringement.

Recommendations from investigators

Investigators said the case showed that online copyright and related-rights infringement can be highly organized, involving various technological methods and tactics to conceal those responsible, keep websites operating, monetize advertising and generate illicit profits.

To strengthen prevention and enforcement against this type of crime, investigators made the following recommendations:

First, state agencies responsible for copyright and related rights should consider developing a database of broadcasting rights for sports programs in Vietnam.

The database should clearly identify rights holders, organizations authorized to exploit, broadcast or distribute content, as well as the duration, territory and scope of transferred rights. This would help law enforcement and judicial authorities accurately identify rights holders and determine acts of infringement.

Authorities should also strengthen coordination among state regulators, police, telecommunications and Internet companies, server and domain-name providers, advertising platforms and other relevant parties to promptly detect, block and remove websites that illegally broadcast, transmit or retransmit protected content. Such coordination would also facilitate the collection of electronic evidence for investigations and enforcement.

Third, authorities should step up communication and legal education on copyright and related rights for Internet users, website owners, programmers, administrators and individuals involved in providing online services.

T. Nhung