Federal judge orders jail time for pair accused of running pirated streaming site

Federal Court Chief Justice Paul Crampton has ordered jail time for two people found to have disobeyed requests from the court for financial and computer login information needed in a case against them regarding alleged pirating of content. The case began in 2022 with a consortium including BCE Inc. and Rogers Communications Inc., Columbia Pictures Industries Inc., Disney Enterprises Inc., Paramount Pictures Corp., Universal City Studios LLC, Universal City Studios Productions LLLP, and Warner Bros. Entertainment Inc., kicking off a court battle with Marshall Macciacchera and Antonio Macciacchera, both doing business as Smoothstreams.TV (SSTV), Arm Hosting Inc., Star Hosting Ltd. of Hong Kong, Roma Works Ltd. of Hong Kong, and Roma Works SA of Panama. The lawsuit alleged that signals were being pirated by SSTV. Not long after it was raised, the Federal Court issued an interim injunction ordering the defendants to turn over control of the SSTV infrastructure to an independent supervising solicitor, who would in turn shut down the company. Another section of the injunction provided for the search, seizure, and preservation of evidence and equipment related to SSTV and of financial information about the defendants’ assets. But according to a new Aug. 15 decision by Justice Crampton, released by the court Tuesday, Aug. 19, the Macciaccheras have not totally cooperated and have “no intention of curing their contempt” of court. Specifically, Marshall Macciaccheras has been accused of declining to hand over the password to his personal computer and refusing to authorize the Hong Kong banks where two of the corporate defendants have accounts to disclose financial information in the case. Antonio meanwhile, was accused of refusing to authorize the release of financial information from two Canadian banks where he has or had accounts. Crampton noted in his decision that the pair “explicitly acknowledged” at their penalty hearing that they have been “in ongoing contempt” of the interim order since June 2022. “Marshall and Antonio’s refusal to comply with the provisions of the interim order that are at issue in this penalty proceeding is ongoing and brazen, to the point of defiance,” Crampton found. “As I have noted, the contempt of both Antonio and Marshall provided them with the opportunity to destroy evidence or move evidence or funds beyond the reach of the court,” he wrote. Crampton noted that their conduct “calls for a penalty that will provide a higher degree of general deterrence than past penalties for contempt appear to have achieved in the IPTV piracy context.” READ MORE: - IPTV site ordered to pay millions in damages to Turkish broadcaster for piracy - Rogers and TVA secure site-blocking order against illegal baseball live streams - Supreme Court dismisses TekSavvy appeal of GoldTV site-blocking order Marshall Macciacchera submitted that he should only be incarcerated one week for each of the “clear failures” to comply with the interim order, Crampton wrote. Antonio Macciacchera argued he should only have to serve 30 days of house arrest or 30 days of weekend jail time. But Justice Crampton disagrees that would be enough, saying they would not “reflect the very serious, flagrant, defiant, and ongoing nature of their contempt.” Instead, Crampton has sided with the broadcasters in their efforts for larger penalties and is imposing an initial six-month jail term for Marshall Macciacchera, plus up to a total of five years less one day. Antonio is set for an initial four month term, plus up to a total five years less one day. The broadcasters had suggested that they be indeterminately jailed “until comply” with the interim order, Crampton noted. Both Macciaccheras could avoid serving the time beyond their initial terms if they hand over information about their financial assets within 14 days of the Aug. 15 order. Marshall Macciacchera would additionally have to provide the password or other information needed to access the contents of his computer. Judge declines request for overseas travel, return of passports Marshall Macciaccheras had previously asked the court for his and Antonio’s passports back from the court “in a timely manner” and was looking for a break during his incarceration to travel overseas this September for a conference, saying he booked arrangements for it “many years in advance.” Crampton was not so inclined. Their passports are to be held by the court until their time has been served. “In effect, Marshall is requesting leniency and indulgence from a court whose orders he continues to brazenly defy. His conduct does not warrant such leniency and indulgence. Moreover, in light of the potential length of the period of incarceration that I will be ordering for him, I am concerned that there is a non-trivial risk that he may not return to Canada,” Crampton wrote. The judge noted there was a request from the accused for a sense of “finality” from this court decision. “They openly stated that they have no intention of curing their contempt, and that they would simply like to serve their sentence and put the issue behind them once and for all,” the judge wrote earlier in his decision. Crampton referenced Marshall Macciacchera's closing remarks to the court, in which he said “I just feel that based on the law if someone’s taking a penalty for not providing the computer password, as in this example, like myself, then I don’t think that the plaintiffs should be allowed to have their cake and eat it too in terms of penalize the defendant and then also be able to benefit from any information years later that may arise.” “In essence, Marshall would like to be able to serve a single penalty for the past and ongoing contempt of which they have been found guilty, and then put the matter behind them once and for all, without ever having to cure their ongoing compliance,” Crampton wrote. “If, at the end of the periods of imprisonment set forth in the order…Marshall and Antonio remain in non-compliance with any of the provisions of the interim order in respect of which they have been found guilty of contempt, the issue of this court’s ability to impose further sanctions for their ongoing contempt can be determined at that time,” Crampton wrote. hdaley@thewirereport.ca With files from Paul Park

Federal judge orders jail time for pair accused of running pirated streaming site

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By Hannah Daley
| August 19, 2025

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