125 Hour Community Service Order for Repeat Home Counterfeiter
A man who was prosecuted after being caught in his home with over 800 illegally copied Xbox and PlayStation games, as well as hundreds of copied films and TV programmes, was sentenced on Tuesday 10th April to a 125 hour Community Service Order for contravening the Copyright Designs and Patents Act (1988) and the Trade Marks Act (1994).
John Hamilton, 43, of Caledonia Road in Ayr, who already has previous convictions for similar offences, was exposed after selling copied games to an undercover investigator in an Internet forum. Despite using his mother-in-law’s sheltered housing address in Ayr for ‘returns’ and an anonymous email account, Hamilton was unaware that his ‘buyer’ was an ELSPA Internet investigator.
Hamilton’s activities led to South Ayrshire’s Trading Standards Service being tipped-off and ELSPA investigations into on-line accounts led Officers straight to his door for the second time in less than three years. Trading Standards Officers and an ELSPA investigator assisted Strathclyde Police as they Searched Hamilton’s premises and garden shed. The swoop revealed illegally copied stock, two PC containing disc-burning software, spools of blank DVDs and boxes of padded envelopes.
Michael Rawlinson, managing director of ELSPA commented: “Our investigations will continue to monitor the markets and work closely with our Trading Standards partners in stamping out counterfeiting. The simple fact about piracy is that it is illegal and punishable by fines, Community Service and jail sentences. No matter which way you look at counterfeiting it is nothing more than theft. Counterfeiters are only out for one thing: money. And because of this consumers who buy counterfeit games have no recourse under law for faulty goods.”
Commenting on the case, a spokesperson for South Ayrshire Trading Standards said: “This case is part of an on-going clampdown on those who sell counterfeit goods in our Community. Whether directly through markets and street trading, or even on-line from the comfort of their own PC, we will investigate and prosecute those who sell fakes that shake consumer confidence and badly dent the revenues of legal sellers. This case also shows that those who believe that they can use the Internet to freely download and sell illegal films and games should think again. People may think that because they don’t set foot outside to sell fakes that they are not going to get caught, but you never know who your buyers might be, or who they’ll tell. Officers from Strathclyde Police or Trading Standards can search homes and take away a persons stock and their PC.”
