Yate man sold prirate DVDs to work colleagues

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Tuesday, July 29, 2008
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This is Bristol

A Yate man who sold pirate DVDS to work colleagues has been given a suspended jail term.

Dominic Brooks, 33, of Blaisdon, Yate, was handed a six month sentence, suspended for two years, as well as being ordered to do 150 hours of unpaid work within the next year for offences under the Trade Marks Act and the Video Recordings Act.

He was convicted of 29 counterfeit offences involving music, film and computer games, as well pornographic films for supply,

In addition, a forfeiture order was made for nearly 2,900 master discs containing film, music and games as well as computer equipment and other material detained from Brooks in connection with his

pirating activities.

Brooks, who works at the Sainsbury's distribution centre in Emerson's Green, was targeted by South Gloucestershire Trading Standards following information implicating him in the sales of counterfeited material to work colleagues.

A warrant was executed at his home in December 2006, when he was arrested and evidence relating to counterfeiting was recovered.

Investigations by Trading Standards revealed Brooks detailed and priced all the films, music and games he was selling in monthly lists. It was further established these lists were circulated to many of his 92 work colleagues.

In addition, forensic examination of his computer revealed that he was receiving e-mail orders for the products he listed.

Brooks pleaded not guilty and was tried at Northavon Magistrates' Court earlier this month, when he claimed he was not running a business and that his activities merely amounted to a hobby. He denied the monthly lists were created by him and suggested that a friend of his had done so.

Magistrates concluded he was guilty of the offences due to the overwhelming weight of evidence establishing that the copied films, games and music he had in his possession amounted to a legitimate market value in excess of £80,000.

The case was committed to Bristol Crown Court for sentencing, where it was revealed that the prosecution was also applying for a confiscation order under the Proceeds of Crime Act 2002.

This will involve a hearing at a later date when Brooks may be ordered to hand over assets financed by his counterfeiting activity.

Imposing sentence Judge Carol Hagen said she had a duty to consider passing a deterrent sentence, even though it was noted Brooks' activities were not on a substantial commercial scale.

Neil Derrick, Senior Enforcement Officer at South Gloucestershire Trading Standards, said: “We are very pleased with the outcome of this case, and especially with the fact that the crown court recognises the need to give deterrent sentences for this type of activity, which many people seem to view as socially acceptable. It has to be remembered that those who engage in it are at risk of losing their liberty and assets”

Anyone wishing to report counterfeiting activity, especially in the workplace, can contact Consumer Direct in strictest confidence on 08454 04 05 06.

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3 Comments

  • Profile image for This is Bristol

    by John, Bristol

    Tuesday, July 29 2008, 3:48PM

    “Ummm I completely agree. A couple of years ago my wife and I were at an open air event near the IMAX cinema and there was a stall there openly selling DVDs for films that were still on at the cinema. It was absolutely blatant yet he didn't seem to care at all and obviously felt in no danger of prosecution.”

  • Profile image for This is Bristol

    by fantastic, bris

    Tuesday, July 29 2008, 2:17PM

    “Well just called bristol city council trading standards-

    -and they weren't in the slightest bit interested.

    Well done BCC !”

  • Profile image for This is Bristol

    by Ummm, eastville

    Tuesday, July 29 2008, 1:46PM

    “Strange how the pirate film stall at eastville market has been allowed to operate for 20 years isn't it !?”

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