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CD Wow fined over illegal imports

20/03/2007

Internet retailer CD Wow has been found in contempt of court as a result of breaches of copyright.

The music, DVD and games firm has been fined and will have to foot legal costs after the British record industry trade association, BPI, mounted a six-year campaign against it.

Originally the case began in 2002, with the BPI claiming that CD Wow was illegally importing CDs from the Far East which breached copyright.

Then, with a case at the high court days away, CD Wow agreed a series of signed undertakings that it would not import CDs illegally.

Now, after BPI alleged the retailer was continuing to breach the orders, the court ruled against CD Wow, dismissing suggestions the latest incidences were simply human error.

Justice Evans-Lombe said there was "strong evidence that CDWOW was committing widespread breach of the undertakings", adding that little had been done by the firm to prevent problems from arising again.

As such he said the retailer had "no tenable ground of defence to the claimants claim for damages for primary infringement of the claimants copyright".

CD Wow will now have to disclose its trading records to the BPI, with full details of the fine, legal costs and other damages due to be decided in July.

The firm said it felt the decision was a harsh one in a statement.

Internet retailers of CDs, games and DVDs have become increasingly popular in recent years, with most high street shops launching online portals and web-only sites also growing in stature.

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