Dan Sabbagh, Media Editor
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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.
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The BPI is clearly playing a ridiculous game and doesn't seem to live in current times. Pre-internet days, it could control local market prices. Now, you just can't close off markets because the prices they charge don't suit the home market.
I buy my CDs on-line where I get the best deal - currently via Asia. I buy most new CDs for between £6 or £7 brand new, including shipping. If you want me to pay more for my music, I will resist the purchase altogether, until I can buy it for less when it becomes available 2nd-hand. The BPI's mad concept increases the argument more, not less, for piracy. They should be setting prices at such a level, that it's not worth the pirates even entering the fray.
It's not the illegal downloads or the pirates that are killing music, it's the greed of organisations like the BPI.
Dan Glaser, Malaga, Spain
Using the justification for the price differential as piracy and disposable income is a bit rich. Disposable income is higher in the US than here yet CD's are cheaper... the real reason is the british consumer allows these companies to charge these exhoribitant sums... everything is more expensive in the uk
abharrisson, London,
I agree wholeheartedly with Mr McDuffs comments. The arguments for charging more for an identical item in the UK/Europe just don't stack up.
Either more must be done to tackle the pirates in Asia, India, etc. to allow wholesale prices to increase, or UK pirates should be treated with the same apparent apathy allowing prices to be cut!
CoogarUK, Dorchester,
One point to think about (but could be disputed with evidence(?)...
What about the UK overheads. I'm sure the staff here are paid alot more than those in Hong Kong / Asia, and other running costs at UK prices, not at Hong Kong prices.
How many critics would like to be paid in Hong Kong Dollars or in Indian, Bangladeshi or Chinese (mainland) wages?
Be fair. UK staff deserve better pay as it is. And if you want to shop on the high st then that costs to in UK Sterling not HK etc..
Richard, London ,
Rip-off Britain strikes again. My credit card is valid all over the world. Why shouldn't I be able to buy CDs wherever I can find them cheapest?
Mike, Amersham, UK
'wholesale prices estimated to be as low as £1 or £2, compared with £6 in the UK'
wow all the record companies complain the market is slowing and they aren't making money, and because Britians are honest and buy legally we have to pay more!
I think illegal downloads will simply increase until prices come down
Jon, Swansea,
Heaven forbid that some enterprising souls will make music available to the fans at an affordable price...
"although internet retailers restrict British consumers from buying overseas by insisting that people with UK credit cards buy music on UK sites." Obviously a Blairite policy. Choice? What choice?
It was the greatest industry rip off... to paraphrase the Cockney Rejects.
Jennifer Hynes, Plymouth, England
This is Rip-Off Britain, self-inflicted. It happens with many products, because of the susceptibility of UK government to industry lobbying - a culture of individuals in the departments giving themselves an easy time instead of doing their jobs. The music industry does not need the money, it just spends it on promoting one band over another, and on itself. It's the musicians who make the music, and they don't see much of the excess profit.
Nigel Robertson, Melton Mowbray,
to quote "because it is believed that it is not possible to charge much in countries like India and China, where piracy is rampant."
So the more pirates the cheaper the companies will make the CD's sounds like a challange to the pirates
Bert McDuff, Glasgow,