In a rare victory for Sky TV, a Birmingham family man has been sentenced to jail for operating an illegal streaming service. Gary McNally, 56, ran a sophisticated and large-scale operation from his home address for four years.
McNally's operation focused on providing unauthorized access to Premier League matches and other sporting events such as pay-per-view boxing. At its peak, the illicit service attracted up to 2,000 illegal users. Not only did McNally distribute these streams but he also harvested much of the content himself.
The operation was run from his residence on Tavistock Road in Acocks Green between November 2017 and September 2021 when he was arrested.
The Sentence
McNally has received a sentence of two years and nine months after admitting two charges of making or supplying articles for use in fraud. Judge Peter Cooke acknowledged that while McNally played a significant role in this illegal activity, it did not necessarily mean he was one of the top earners in the illegal streaming underworld.
Judge Peter Cooke said:
"Although not uncommon for those involved in the selling of illicit streaming services for pay television to be prosecuted, cases concerning those who do the capturing and encoding and distributing are relatively rare. Your case is very unusual with features of both aspects.
"Sky and other broadcasters and other content owners regard people who do the harvesting as sitting at the top of the piracy hierarchy. You can understand why. If the harvesting wasn't done the revenue driving viewing of the pirate streams can't take place."
Prosecution's case
Ari Alibhai prosecuted on behalf of Sky TV Ltd., describing how McNally operated an intricate stream harvesting system from his home and connected outbuildings. He highlighted that this setup had high complexity powered by office-grade broadband costing £420 per month.
Alibhai explained that the operation was resilient with capabilities to re-upload material within 48 hours if broadcasters managed to disable it. He emphasized how McNally exploited worldwide streams to circumvent blackout rules prohibiting matches being legally screened at certain times - all aimed at encouraging fans attendance at lower league football games. According to Alibhai's estimates, McNally earned up to £60k from this scheme - although this figure sparked contention during court proceedings. McNally's barrister countered that the figure was closer to £40k.
A Sky analyst calculated that McNally had unlawfully distributed over 80,000 hours - more than nine years - of television. This case serves as a stark reminder of the ongoing battle against illegal streaming services and their impact on legitimate broadcasters and sports leagues. It also underscores the potential legal consequences for those involved in such illicit activities.
