Mar 13, 2008 • 2 min read

Anti-piracy news

A Bovingdon market's owners have been ordered to pay £300,000 for profiting from counterfeit goods, and two Scottish pirates were ordered to pay £400,000 under the Proceeds Of Crime Act.

More anti-piracy news for you all. First up, in a landmark court decision the owners of an open air market in Bovingdon, Hertfordshire have been ordered to pay £300,000 after being found guilty of allowing and profiting from the sale of counterfeit goods at their market.

Wendy Fair Markets Ltd and its directors Nicholas Hobday and Sally Ward were ordered to pay back the £250,000 in rent money it was estimated they had taken off the owners of market stalls that sold dodgy pirated goods, and pay it, in addition to £50,000 in legal fees, back to the intellectual property industries that had lost out because of the bootleggers.

The ruling was important because it was the first time the owners of a market that enables bootleggers to reach their customers have been successfully prosecuted for IP crimes. It is hoped the ruling will make other market owners more vigilant in ensuring the stalls they host do not violate any intellectual property rights.

Welcoming the ruling, David Wood, anti-piracy man at record label trade body the BPI, told CMU: "Until now, we have only seen prosecutions against the sellers themselves. This is the first time a market owner has been prosecuted and stripped of income made through the sale of counterfeit CDs and DVDs on their premises. So it is a hugely important ruling for music and the wider creative industries. Whilst illegal downloading remains the biggest threat to the future of the music community, CD piracy still deprives us in excess of £160 million annually. This precedent-setting result will dramatically enhance the authorities' effectiveness in tackling commercial counterfeiting. Furthermore, the £300,000 that Wendy Fairs will now have to pay to the Court should send a clear message to market owners nationwide that they cannot expect to duck responsibility for this illegal activity whilst generating income".

Elsewhere in anti-piracy news, two Scottish music pirates have been ordered to pay £400,000 under the Proceeds Of Crime Act, a verdict which labels hope will deter others from getting involved in the illegal distribution and sale of bootleg CDs. The two men, Peter Cruickshank of Glasgow and Wilfred Siddle of Dundee, were found guilty of copyright offences at Stranraer Sheriff Court last week, and were ordered to pay back the vast wealth they had amassed by trading in counterfeit goods. Local police said the order was the largest sum anyone prosecuted under copyright laws had been asked to pay back in their region.

Commenting on that ruling, Wood said: "It is simply not acceptable for people to line their pockets at the expense of the music community. The creative endeavours of others should be respected and paid for. We're delighted with the outcome of this case and hope that it will serve as a deterrent to others".

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