Record companies win £41m damages

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Ouch CD WOW already have had there assets frozen.....


Online retailer CD-Wow must pay £41m to British record companies after breaking a deal to stop selling illegally imported cheap albums in the UK.

The High Court in London ruled in March that the site's owners, Music Trading Online, were "in substantial breach" of a 2004 agreement to stop importing CDs.

It has now ordered Hong Kong-based CD-Wow to pay £37m plus interest to the British Phonographic Industry (BPI).

CD-Wow says it will still sell cheap CDs and may appeal against the ruling.

"We are the little guys selling CDs to the UK market and they (the BPI) have picked on us for that reason," said chief executive Henrik Wesslen.

"Other bigger sites doing the same thing have been left alone."

"CD-Wow is no consumer champion," countered the BPI's chief executive, Geoff Taylor, who said the company had undermined "the legitimate businesses of UK retailers and record companies".

"The vibrancy of British music depends on a fair return on the investments that allow British talent to shine.

"This decision is an important step in ensuring that British music has a bright future."

The Entertainment Retailers' Association (Era), which represents companies like HMV, Fopp and Amazon, also welcomed the ruling.

"It is vital that all retailers compete on a level playing field," said director general Kim Bayley. "Illegal imports threaten that level playing field and threaten British jobs."

Frozen assets

With retail sales of £21.7m in the UK in 2005, CD-Wow was the third largest online music retailer in the UK after Amazon and Play.

The company denied deliberately breaking its 2004 court undertaking to stop buying CDs in places like Hong Kong and passing them on to consumers in the UK at discounted prices.

It put any breach of copyright down to human error, but the High Court rejected its argument.

The BPI, which represents the major record labels in the UK, said the ruling was a "significant legal victory" for the music industry.

It said it had already obtained a freezing order against CD-Wow, meaning that all of its assets and bank accounts are frozen.

'Brute force'

"The courts have lost patience," said BPI lawyer Roz Groome, who added the body would use the ruling to pursue other retailers which exploit parallel imports.

In a statement, CD-Wow said the British courts had set a "dangerous precedent".

"I fear what is happening is an attempt to use the combined brute force of the record industry to force the retailers and, in turn, our clients, to keep lining the pockets of the fat cat executives," said Mr Wesslen.

"It shouldn't matter whether we are buying from an official distributor in the UK, Europe or the Far East, what is important is that we are buying legitimate products from the record companies themselves."

The retailer is now calling for a full review of copyright law.
 
I don't understand this.

If CD Wow purchase the CD's from an offical distributer in Hong Kong and then sells the items to customers in the UK, what exactly is the problem? The artists get their slice and so do the record company.

As far as I can see, this is just to continue to whole "rip off UK" thing and ensure that we in the UK continue paying inflated prices and everywhere else doesn't.

I've purchased loads of region free console games from Asia in the past. Does that mean MS, Sony and Nintendo will now take similar action?
 
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Text Book UK !!! Disgusting really
Like people have said - how is it illegal if they are bought legally and then sold legally on the World Wide Web!! God dam it.
Hopefully they will win the appeal and not have to pay the crazy amount!
 
The problem is the BPI aren't getting their cut, so aren't happy. The artist is getting paid, as is the record label as it's all legit products. It's just the greedy BPI :rolleyes:
 
How can they make a ruling like this. It seems to me that the courts have effectively ruled that retailers selling to UK consumer can only purchase cds through certain distributors that the record companies decide on. Surely that amounts to just an elaborate way for the British record industry to fix prices in the UK.
 
BUSH said:
How can they make a ruling like this. It seems to me that the courts have effectively ruled that retailers selling to UK consumer can only purchase cds through certain distributors that the record companies decide on. Surely that amounts to just an elaborate way for the British record industry to fix prices in the UK.

Same as the Levi Jeans/ Grey market issue a few years ago.

Companies would argue part of the reason for increased costs is the high value of the pound and also the marketing costs that can vary from country to country.

Personally in my opinion it just comes down to rip off Britain. Things like Stargate season sets being 60 pounds in the uk while only being around 25 pounds to buy from America. Or lost and Prison Break divided into two parts for the UK market.. the list goes on.
 
Crikey, me and my sisters used to buy from CD-WOW all the time before iPod's and such came about.
 
And the BPI wonder why people just download thier music off torrents? The BPI protecting the interests of british musicians gimme a break :rolleyes:

The courts are just as stupid for not throwing it out. I never knew importing was illegal :confused:
 
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The record companies are run by absolute morons.

Quite simple. People aren't prepared to pay the ridiculous prices they charge. An absolutely huge portion of these people (about 90% of my generation) will therefore resort to illegal methods of acquiring music. I used to buy so many CDs but now I rarely buy them at all.

The last album I bought was the Kings Of Leon, and I only picked that up because Tesco had it for £7 on offer. To me, that is still far too much.
 
I can see this killing CD-WOW.

Last CD I bought was The Puppini Sisters before Christmas.
Can't be bothered now. Nothing worth buying at the moment anyway.

So what if the BPI doesn't get their cut - the artists are still getting their money which is what they want isn't it?

Really wish the BPI and that lot were not for profit organisations, then I could start to get behind them a little bit.

Whats next? Forcing personal imports form outside the EU to be illegal?

Still, next time I buy a CD I will definately buy it from outside the EU just to annoy these guys. :D

Simon/~Flibster
 
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I dont bother buying music - just listen to the radio if you want to. All it does is encourage utter BS such as this. Keeping prices artificially inflated on a product which costs less than one pound to make.
 
Well the best course of action is to just buy MORE stuff from cd-wow... that's what I'm going to do. Oh for a sensible magistrate.
 
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