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In a recent ruling, Mark Gould, the mastermind behind the controversial Flawless TV IPTV service, has lost his appeal against an 11-year prison sentence. Gould and his accomplices collectively received a hefty 30-year sentence for their involvement in a conspiracy to defraud. While his co-conspirators received sentences of up to five years, Gould’s 11-year term stands out as particularly severe. Despite his legal team’s efforts to contest the ruling, the Appeal Court upheld the initial decision.
In May 2023, five individuals linked to Flawless TV, an unverified IPTV provider, were sentenced to a total of 30 years in prison following a private prosecution by the Premier League. Although four conspirators received sentences of approximately five years each, Gould’s longer sentence underscores the seriousness of his crimes.
Operating for less than two years, Flawless TV reportedly generated around £4.6 million in revenue, significantly harming legitimate rights holders who suffered substantial financial losses as fans flocked to the cheaper IPTV options.
Following a thorough investigation by the Premier League, the Federation Against Copyright Theft (FACT), and various local police forces, Chesterfield Crown Court found the group guilty of conspiracy to defraud. This landmark case marked one of the largest piracy lawsuits in the UK, especially as Flawless TV gained traction among football enthusiasts. Rightsholders, including the Premier League, Sky, and Virgin Media, welcomed the court’s decision, viewing it as a crucial step in the fight against piracy.
As sports streaming costs continue to rise, with rightsholders and content distributors striving to maximize profits, many fans are left feeling the financial strain. Major leagues like the Premier League sell broadcast rights to networks like Sky Sports and TNT Sports, resulting in steep subscription fees for viewers.
While many fans accept this pricing model, others consider it prohibitively expensive, particularly when multiple subscriptions are required to access different matches. This creates a market for cheaper, unverified IPTV services like Flawless TV.
Flawless TV gained popularity by offering a cost-effective alternative for watching Premier League matches, especially during the contentious “3 PM Blackout” periods. In addition to live sports, the service provided a range of video-on-demand (VOD) content, pay-per-view (PPV) events, and live TV channels from the UK and beyond. With packages priced at just £10 per month, Flawless TV attracted viewers away from traditional broadcasters that charged between £60 and £80 monthly.
In just 22 months, the service generated £4.6 million in revenue, with £3.7 million as profit. As the key figure in this operation, Gould pocketed £1.7 million, a considerable share compared to his fellow conspirators.
The Premier League’s dissatisfaction with Flawless TV escalated, branding it a fraudulent operation that siphoned vital revenue from football clubs and distorted the market for broadcasting licenses. In response, the Premier League initiated a private investigation in 2018, leading to Gould’s arrest later that year. Following a court order, he was prohibited from continuing the service, but investigations persisted, ultimately resulting in the arrests of his co-conspirators.
In 2023, a Chesterfield court found the group guilty on multiple counts, including conspiracy to defraud and money laundering, resulting in a total of 30 years of imprisonment.
Gould, believing his 11-year sentence was unduly harsh, appealed to the Court of Appeal. His legal team contended that the original court miscalculated the financial losses incurred by rightsholders. They argued that the court should have only considered the risk of loss of proprietary rights, excluding Gould’s profits and potential values from legitimate subscriptions.
Moreover, Gould’s lawyers claimed that the two counts of conspiracy to defraud should be treated as a single offense, similar to the other conspirators’ charges.
However, the appellate judges found no merit in his arguments, affirming that the sentence was neither excessive nor disproportionate. The Court of Appeal assessed the losses by determining what Flawless TV would have paid legitimate broadcasters for lawful content distribution. They concluded that Flawless TV had essentially stolen the product from legitimate broadcasters, reinforcing the gravity of the offenses.
Additionally, the court rejected Gould’s claim regarding the conspiracy charges being a single offense, stating that they represented two distinct illegal operations. Despite the initial arrest and subsequent restraint order in 2018, Gould continued his illegal activities, merely modifying his business model to a reseller approach.
In total, he generated an additional £2.6 million from his continued operations after Flawless TV was shut down, even launching a new IPTV service named Flawless 2 (Shared VPS) with another associate.
Ultimately, the Court of Appeal denied Gould’s request to appeal, concluding that the 11-year sentence was justified given the severity of his crimes. For more detailed coverage of this case, visit TorrentFreak.
The Court of Appeal’s ruling serves as a strong message about the UK’s commitment to combating illegal IPTV services and online piracy. This decision reassures content producers, rightsholders, and broadcasters that the government is dedicated to creating an environment that protects intellectual property rights in the digital age.
It also serves as a stark warning to those considering involvement in illegal IPTV operations. What are your thoughts on the fairness of the Court of Appeal’s decision to uphold Mark Gould’s 11-year prison sentence?
Article Source: TorrentFreak