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AUSTRALIAN
JUDGE JAILS MOVIE AND MUSIC
PIRATE
On
the 21 August, Sydney’s District
Court recorded criminal convictions and handed a
three month jail term
to
the owner and operator of an Australian commercial
piracy operation.
On
21 May 2009 a jury found Yong Hong Lin guilty of
15 indictable copyright offences following a three
week trial and more than 12 hours of
deliberation. The criminal charges were the
first to proceed on indictment in the District
Court since amendments to the
Copyright
Act 1968
(Cth) in 2007.
54-year-old
Lin owned and operated an Eastwood music and movie
store raided by New South Wales Police on 27
February 2007. The raid followed an
extensive investigation by investigators from
AFACT and MIPI.
The
police raid netted more than 16,000 pirated movie
and music discs being openly offered for sale to
the public. The haul included discs imported
into Australia from
illegal manufacturing plants in China
as well as illegally burnt discs produced locally.
The illegal discs from China
were purchased wholesale by Lin for 50 cents and
sold for $7.
Before
handing down the sentence Judge Knox commented: “I
do not think that a fine or a community service
order is appropriate in terms of being a deterrent
sentence… the proper penalty… is one of a period
of imprisonment.”
The
indictable charges brought against Mr Lin by the
Commonwealth Director of Public Prosecutions led
to a dramatic three week trial, which saw movie
and music industry experts give evidence about
counterfeit discs manufactured in
China and illegally
imported into Australia
to the detriment of the local movie and music
industry.
LIN
was charged with 31 offences relating to copyright
theft; the jury convicted on 15 offences and
acquitted on the remainder.
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MAGISTRATE
SHOCKS MOVIE PIRATE WITH SEVEN MONTH SUSPENDED
PRISON SENTENCE
On
18 August, 68-year-old Brian Rutherford received a
shock when he learned the price of his criminal
actions – seven months imprisonment (suspended).
Rutherford was sentenced in
the Magistrates
Court in Waikerie,
South
Australia on multiple
offences under the Copyright Act relating to the
manufacture, sale and possession of infringing
copies of movies.
In
March this year, following an intensive
investigation by AFACT, the Australian Federal
Police (AFP) conducted raids on an Adelaide and
Morgan residential premises in South Australia,
which led to the apprehension of Rutherford and
the seizure of two computers, 17 optical disc
burners and 10,000 pirated DVDs.
Rutherford
had been selling the illegal DVDs over the
internet for up to $6 each. Movie
titles seized included “Marley
& Me”,
“Hotel
for Dogs”,
“Gran
Torino”
and “Valkyrie”,
many of which had just been released in Australian
cinemas at the time.
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AUSTRALIAN
CONVICTED OF RUNNING GLOBAL PIRACY
OPERATION
On
13 August, a Victorian man appeared before
Melbourne Magistrates Court yesterday charged with
six serious offences relating to a global piracy
operation. The charges follow Australian
Federal Police (AFP) raids targeting the illegal
manufacture, distribution and sale of infringing
music and movies.
The
search warrants were the result of an
international investigation involving UK
authorities, the AFP and investigators from AFACT
and MIPI.
Investigations
revealed Mathew Zore operated a sophisticated
global illegal CD and DVD operation from Bentleigh
East in Melbourne’s outer
suburbs. Amongst the illegal offerings were
blockbuster movies and over 100 different Michael
Jackson titles.
When
Federal Police raided the home of Zore they found
a haul of more than 7,000 infringing discs that
were being sold around the world including in the
UK and the
US.
Sentencing
Zore, Magistrate Hawkins took into account his
plea of guilty, recorded a criminal conviction and
fined him $24,000 plus prosecution
costs.
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VICTORIA
POLICE SEIZE 15,000 DISCS IN PIRACY
RAIDS
On
31 August, Victoria Police closed down a
significant movie and music piracy operation in
Laverton on Melbourne’s
outskirts. Working in conjunction with anti-piracy
groups AFACT and MIPI, the police seized more than
15,000 discs containing pirate movies and
music.
Police
also seized four computer hard drives containing
infringing music and movies, revealing a
sophisticated commercial operation. The
computers were being used to preload portable hard
drives with illegal movies and music which were
then sold to the public. Eight disc burners
used to produce pirate music and movie discs were
also seized by
police.
In
addition, police and industry investigators found
other market traders selling thousands of burnt
discs to the public including illegal copies of
movies then screening in Australian cinemas
including “Inglourious
Basterds”,
“Ice
Age 3”
and “Up”
were also seized in the raids.
A
34 year old male, 51 year old female and 66 year
old male are assisting police with their inquiries
in relation to yesterday’s anti piracy
operation.
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POLICE
BUST 2 MOVIE PIRACY LABS NETTING 41 DVD BURNERS
CAPABLE OF PRODUCING 1 MILLION ILLEGAL
DISCS
On
4 September, Green Valley Police, supported by
investigators from AFACT, served warrants on
residential premises in Mount Pritchard
and Cabramatta, shutting down two illegal movie
piracy labs operating 41 DVD burners capable of
producing over one million illegal discs a year.
Police
first searched a Mount Pritchard
residence, discovering 11 DVD burners, and more
than 1,500 pirated DVD movies, including illegal
copies of “UP”
which was released in Australian cinemas on 3
September and is yet to be released legitimately
on DVD.
Police
subsequently served a second warrant on a
residence only minutes away in John Street in
Cabramatta, seizing 30 DVD burners and more than
5,000 pirated DVD movies including copies of
“District
9” and “G.I. Joe: The Rise of
Cobra”,
which were then currently screening in cinemas
across the country.
The
combined haul from the two residential premises
amounted to over 6,500 pirated DVD movies and 41
DVD burners which had the capability of producing
over one million illegal discs a year worth a
street value of over five million
dollars.
A
45-year-old man is assisting Police with their
ongoing enquiries into the two illegal piracy
operations, and is expected to face multiple
copyright and trademark
charges.
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(ENDS)
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