21st March 2007 - Irish Recorded Music Association (IRMA) wins landmark ruling in UK on illegal imports, against on-line retailer CDWOW
The Irish Recorded Music Association (IRMA) in partnership with BPI, the UK record companies' trade association have won their court case against CDWOW, the online music retailer who was found in contempt of court after repeatedly breaching undertakings to cease illegal importing.
The case centred on the retailer's practice of parallel importing - selling CDs to Irish and UK customers that have not been manufactured in the European Economic Area (EEA). In this case the CDs were imported from the Far East.
In reference to the contempt of court claims, the High Court Judge pointed to "strong evidence that CDWOW was committing widespread breach of the undertakings... when the contempt application was launched" and that "CDWOW had taken no effective steps to ensure compliance with the undertakings even after an application for contempt had been served".
The full sum for fines, costs and damages are to be decided at a hearing in early July. The judge ordered CDWOW to pay a £150,000stg immediately towards legal costs.
Commenting on the ruling, Mr Dick Doyle, Director General of IRMA said: "We took this case, in the UK because Mr Philip Robinson is based there and its assets are there…we are delighted with the outcome. It sends a clear message to all companies engaged in illegally importing music CDs and DVDs into Ireland from outside Europe - you are breaching copyright law and you will be caught."
Mr Willie Kavanagh, Chairman IRMA said: "This judgment is very important as it helps defend legitimate retailers in Ireland who are respecting the law, against illegal and unfair competition."