Sellers of dodgy Fire TV Sticks remain rife on social media, despite escalating threats of a 'clampdown'. You may have seen the adverts for yourself: profiles flogging cheap devices that can access thousands of TV shows and films for as little as £20. When you compare it to the ever-rising price of the TV Licence, it's easy to understand the appeal, especially amid the cost of living crisis. But if something sounds too good to be true, chances are it is. When it comes to 'jailbroken' devices pre-loaded with free subscriptions to streaming sites like Sky and - this saying rings truer than ever.

Following the sentencing of Sunny Kumar Kanda, a 40-year-old man from Halifax who last week received two years for selling dodgy Fire TV Sticks, the spoke to , Partner and head of Business Crime and Regulation at JMW Solicitors, to explore what the law actually says when it comes to these back-alley devices. Is jail time only a risk for those selling hundreds and hundreds and dodgy Fire TV Sticks, or will those buying the devices also find themselves in hot water?

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"To understand the legalities of owning a 'dodgy' Fire TV Stick, you must consider the Copyright, Designs and Patents Act 1988 ('CDPA')," the legal expert explained. "This legislation sets out the criminal offences for copyright infringements. Where an individual (or company) creates certain things (known as 'works'), copyright law allows for their creation to be protected."

Films and TV shows can be included in the umbrella of 'woks' which gives broadcasters certain rights when 'agreeing to their works being copied, distributed, broadcast or communicated to the public or trade in the work'. For example, sites like Netflix will have to pay for licensing rights of a film for it be legally allowed for subscribers to access the title. When films are removed from streaming giants, this tends to be because the licensing rights has expired.

"This means that the author has complete control over who can use the works and in doing so without permission, may infringe the author's rights and breach Copyright Law," Sam added. "Looking specifically at Section 107 of the CDPA, whilst it is an offence to have in your possession an article that is specifically designed or adapted for making copies of a particular copyright work, this must be in the knowledge or having reason to believe that it is to be used to make infringing copies for sale or hire, or for use in the course of a business."

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While that sounds like using a dodgy Fire TV Stick doesn't come with any risks, the legal expert points out: "A breach of Copyright Law could result in other civil action and subject to how the device is being used, other criminal offences may be applicable." Of course, the other risk with these devices is that they often expose households to malware, scams, and data theft.

"Of course, some of the jailbroken devices that you can buy promise security," stated James Bore, a Chartered Security Professional and tech expert. "But, you should always remember that the sellers do not care whether or not you are caught – only that you gave them money."

Having a dodgy Fire TV Stick may seem like a loophole around paying for the BBC TV Licence, but those refusing to make the annual payment may receive a visit from an inspector. Enquiry officers do not have any legal powers to come into your home - unless they have got a search warrant from a magistrates (or Sheriff if you live in ). You have every right to refuse entry, but TV Licensing then may use other methods such as a warrant. Remember, if you're found to have been illegally watching live TV - you can face prosecution and a hefty fine of up to £1,000 (£2,000 if you live in Guernsey). While you can't be jailed for not paying your TV Licence, you do risk imprisonment for not paying fines imposed by the court.

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