Feb 26, 2007 • 1 min read

BPI takes CD-Wow back to court over alleged breach of 2004 ruling

A judge is weighing arguments on whether CD-Wow breached a 2004 ruling by selling CDs sourced from outside the EU, which the BPI says amounts to contempt of court.

The judge hearing the BPI's latest legal claim against CD-Wow is now considering both sides' arguments before reaching a decision on whether the music etailer has breached a 2004 court ruling by selling CDs to UK customers sourced from suppliers outside the EU - a practice that violates UK copyright laws, and which was specifically ruled illegal by the High Court when the BPI first successfully sued CD-Wow over its supplier practices back in 2004. As previously reported, the BPI claims the etailer has been flagrantly breaching that 2004 ruling, but CD-Wow says any examples of them selling CDs sourced from outside the EU are isolated and down to human error.

Responding to CD-Wow's defence in court last week, the BPI said: "We believe that the level of human errors at CD-Wow can lead to no other conclusion than that CD-Wow has operated in contempt of court and has undertaken very significant breaches of copyright. The BPI's case is that the total breaches - when measured against all test purchases that have been undertaken - indicate a very significant breach of copyright and breaches of the undertakings they gave to the UK court. That level of human error has to be more than coincidence".

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