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A landmark trial over the sale of Kodi devices augmented with 'pirate' addons has been canceled after the defendant changed his plea. UK-based Brian Thompson would've been the first person to fight charges of "circumvention of effective technological measures" in such a case but a late guilty plea means he'll be sentenced next month.
Over the past year, there have been a lot of discussions about UK-based Brian ‘Tomo’ Thompson. The Middlesbrough-based shopkeeper was raided by police and Trading Standards in 2016 after selling “fully loaded” Android boxes from his small shop.
The case against Thompson is being prosecuted by his local council but right from the very beginning, he insisted he’d done nothing wrong.
“All I want to know is whether I am doing anything illegal. I know it’s a gray area but I want it in black and white,” he said last September.
In January this year, Thompson appeared before Teeside Crown Court for a plea hearing. He pleaded not guilty to two offenses under section 296ZB of the Copyright, Designs and Patents Act. This section deals with devices and services designed to circumvent technological measures.
“A person commits an offense if he — in the course of a business — sells or lets for hire, any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures,” the law reads.
This section of the law has never been tested against infringing Kodi/IPTV boxes so a full trial would have been an extremely interesting proposition. However, everyone was denied that opportunity this morning when Thompson appeared before Teesside Crown Court with a change of heart.
Before Judge Peter Armstrong, the 54-year-old businessman changed his previous not guilty plea to guilty on both counts.
According to GazetteLive, defense barrister Paul Fleming told the Court there had been “an exchange of correspondence” in the case.
“There is a proposal in relation to pleas which are acceptable to the prosecution,” Fleming said.
Judge Armstrong told Thompson that the case will now be adjourned until October 20 to allow time for a pre-sentence report to be prepared.
“Your bail is renewed until that date. I have to warn you that the renewal of your bail at this stage mustn’t be taken by you as any indication of the type of sentence that’ll be passed,” the Judge said.
“I don’t know what the sentence will be but all options will be open to the court when you’re dealt with. Free to go on those terms.”
Thompson will be sentenced on the same day as Julian Allen, who was arrested following raids at his Geeky Kit businesses in 2015.