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Husband and wife count the cost of piracy

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A husband and wife have been ordered to pay back £600,000 under the Proceeds of Crime Act (2002) following a joint confiscation investigation by Sefton Metropolitan Borough Council and the North West Regional Asset Recovery team, after a conviction for counterfeiting offences in 2005.

Andrew King, 53, and Angela Susan Jones (formerly King’s wife, but now separated), 42, were ordered back to Liverpool Crown Court for a hearing on 2nd August, after having been previously imprisoned for 21 months and six months respectively for pirating offences brought to light by an ELSPA Anti-Piracy Unit investigator.

The court assessed that Mr King’s financial benefit from criminality was £198,256.52 and Jones’ calculated at £437,725.17. An order was made that they pay back this amount within six months or serve 30 months and three years imprisonment in default respectively. Should King and Jones fail to make payment before the expiration of this deadline, they must still pay back the outstanding balance after serving their sentences.

Michael Rawlinson, director general of ELSPA commented: "This case demonstrates the enormous penalties faced by those who sell illegally copied computer and video games. Any profit made through this kind of activity can be claimed back under POCA, and shows anyone tempted to become involved that piracy doesn't pay."

Background

The couple were originally brought to justice after Sefton Metropolitan Borough Council Trading Standards officers, local Police and an ELSPA investigator searched the family home in Formby and uncovered a secret cupboard hidden in the wall, containing an array of counterfeit discs in 2004. The estimated value of the seized games alone sat at £28,000.

On 1st August the two offenders were sentenced at Liverpool Crown Court. Andrew King of Alexandra Road, Southport received 21 months imprisonment. His sentence comprised 18 months for Trade Mark offences and falsely claiming benefits, as well as three months for an earlier conviction on intellectual property theft for which he had been given a previous conditional discharge. His estranged wife, Angela Susan King of Dales Walk, Freshfield in Formby received six months for the same offences.

The North West Regional Asset Recovery Team then began a financial investigation into the couple.


HEXUS Forums :: 14 Comments

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Piracy isn't necessarily ‘all bad’ but when you're making money from it, then it sure is..
Piracy is ALWAYS stopping the real person making the dough they deserve, and is therefore theft :(
well you mean the likes of the record companies are the theiving scum ;) they charge 15 quid for an album the artist see's £1 of it rest goes to the fat cats ;) Do what I do, order from the states, with £1 = $1.98 you get albums for £4 atm :D
Thing is, if the price of things was at a more reasonable level would we see as much piracy?
Zak33
Piracy is ALWAYS stopping the real person making the dough they deserve, and is therefore theft :(

I think it's only so black and white when a pirate is selling your software - when they do that then you _can_ conclude you lost a sale, as the person buying from them could of given you the money instead. Casual copying for personal use is far more difficult to quantify - if nothing was paid then how can you assume they'd of come up with the cash for a legitimate copy? As a developer i'm far, far more worried about commericial copying as that's really where the money is - not only in the higher sales price you can charge but the additional income from support costs.