More on KentOnline
A business who ran a website dealing in pirate DVDs has been spared an immediate prison sentence.
Kane Guy, 48, was the owner and administrator of Disqworld, an internet forum on which members of the public and commercial traders were also able to buy and sell goods.
But a court heard the website, which was posted in Holland and registered in the false name of Simon Tealth, was used to trade counterfeit DVDs.
Prosecutor Allister Walker said personal messages Guy posted on the forum under the user name ‘Stealth’ and which were visible to other users “made it clear that he believed one or more copyright or trademark offences would be committed by the site and because of the site in relation to thoses DVDs”.
Mr Walker added Guy, who was living in Quinnell Street, Rainham, when he was arrested in December 2011 was “probably indifferent” to what offences would occur.
Guy admitted assisting in the sale of goods infringing copyright and assisting in the sale of goods with the unauthorised use of a trademark between May 2009 and December 2011.
Imposing a jail term of four months suspended for two years Judge Michael Carroll told Guy that while he may have got involved because he thought “there was money to be made”, there was, in fact, no evidence to suggest he had profited.
But he dismissed claims that his involvement was that of an “enthusiastic amateur”.
“Clearly behind it there was a commercial element and several people knew this and got involved and I don’t think that is a coincidence,” added the judge.
The court heard that several traders who used Disqworld, which had operated for at least eight years, have since been convicted of copyright theft.
“This type of activity strikes at the heart of the entertainment business at a time when that, together with a lot of industries, are going through difficult times trying to make a lawful profit,” remarked Judge Carroll.
As part of his sentence Guy, now of Arklow Square, Ramsgate, must carry out 220 hours unpaid work.
The judge made no order for court costs as, he said, he did not want Guy, who is unemployed, “having to think of another unlawful scheme to come up with the money”.
Ashley Hendron, defending, told Maidstone Crown Court Disqworld had tens of thousands of users who went online for guidance on subjects such as cooking and pets.
“It was not purely a forum for fraud and piracy,” he added.