At a hearing at the High Court last Thursday, UK record industry trade association BPI rejected claims by internet retailer CD Wow that its breaches of copyright law were merely 'human error'.
The BPI is involved in a dispute with Hong Kong-based CD Wow, which has admitted in the High Court 33 breaches of copyright law, in contravention of a previous undertaking to the UK courts.
That undertaking was given in 2004, when CD Wow dropped its defence in a previous proceeding, agreed to stop parallel importing, and paid hundreds of thousands of pounds to the BPI.
The High Court hearing of the BPI's claim for breach of contract and a contempt of court order concluded last week. Judgement was reserved.
Commenting on CD Wow's 'human error' defence, BPI General Counsel Roz Groome observed that:
"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."
She continued:
"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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