Dan Sabbagh, Media Editor
Download your 2 for 1 Pizza Express voucher
A website accused of illegally importing cut-price CDs from Hong Kong has been fined a record £41 million for breaking long-standing rules that prohibit cheaply priced music aimed at Asian consumers from being sold in the UK.
CD Wow, the internet retailer, said last night that it would appeal against the verdict. Henrik Wesslen, the company’s chief executive and co-founder, said that the existing copyright and pricing rules were “mad” — nevertheless the company insisted that it did not flout them, contrary to the claims of its accuser.
Geoff Taylor, chief executive of the BPI, the British music industry’s trade body, said: “CD Wow is no consumer champion; it is a rogue trader that now has to face the consequences of its actions.” The organisation added that CD prices in the UK were falling to as low as £8.50 on average.
At issue are long-standing copyright rules that allow music companies — and other intellectual property holders — to charge different prices in different markets for the same product. It has long been illegal to import CDs or buy downloads from outside the European Economic Area with a view to selling them on a cut-price basis.
CD Wow originally imported cheap CDs from Hong Kong but promised as long ago as 2004 to stop the practice.
However, in March the company was found guilty of continuing the trade and last week was fined £36 million damages and £5 million interest as penalty for its actions.
Yesterday CD Wow — a privately held company with little-known British and European founders — said that the BPI was able to cite only 39 instances of the rules being breached, a fraction of the 10,000 CDs it ships a day.
Mr Wesslen said: “The current copyright rules are mad but that doesn’t mean we don’t stick to them.”
Music is available much more cheaply in Asia than in the UK because it is believed that it is not possible to charge much in countries like India and China, where piracy is rampant.
Record companies charge wholesale prices estimated to be as low as £1 or £2, compared with £6 in the UK, making it theoretically possible to charge far lower prices if the items are imported.
The BPI monitors internet retailers by conducting test purchases; all CDs are serial marked in a way that reveals their territory of origin.
Downloading was not an issue in this case, although internet retailers restrict British consumers from buying overseas by insisting that people with UK credit cards buy music on UK sites.
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Industry sectors news at a glance. Interactive heatmap, video and podcast
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
2006/06
£POA
Surrey
2009
£114,950
Derbyshire
The best policy at the
best price
Be Wiser Insurance
£POA
Surrey
Highly competitive six figure
Nationwide
Swindon
Competitive benefits package
Chartered Institute of Builders
Ascot
Competitive salary + benefits
NHS Direct
London
£125K
Meltwater News
Nationwide Positions
With Part Exchange Crest Nicholson could get you moving.
Award-winning riverside development, SW11.
Luxury apartments for sale from £350,000.
Find out more about our luxurious apartments and houses for sale in the heart of Sussex.
for sale in the French Alps
from E189,000.
We're offering extra savings on Voyager & Adventure of the seas Mediterranean Cruises fr £549.
Book by 28 Feb!
Includes 3* accommodation throughout, a 15 minute Apollo night helicopter flight down the Las Vegas strip and United Airlines flights from Heathrow.
Same break by air costs £189. Valid for weekend travel until 31 Aug 10.
Get covered on your travels with a superb range of policies at great prices
Visit InsureandGo.com
Family friendly villas with Quality Villas. Book with the specialists.
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Milkround
Copyright 2010 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.