Tougher law nabs video pirate

An Auckland man is believed to be the first person sentenced under tougher copyright penalties for his part in a video piracy racket that sold thousands of pirated DVDs for as little as $7 each.

Benjamin Samu, an unemployed 25-year-old, was caught by the Motion Picture Association of America in October selling pirated DVDs at the Otahuhu markets.

Yesterday, he was ordered to pay $1000 in reparation and complete 300 hours of community work.

Samu was reportedly one of a group of people selling pirated movies, many before they reached cinemas in New Zealand, ripping off the movie industry and small video stores.

Video piracy cost Hollywood up to $5 billion last year and the association recently set up an investigation arm in New Zealand, the New Zealand Federation Against Copyright Theft.

The association's director of operations, Tony Eaton, said the investigation arm had been established to create awareness and "put a ceiling" on piracy.

Although it did not condone piracy in any form, the association would not be targeting people who copied the occasional DVD.

"We are looking at commercial operations, not mum and dad."

At present one in 10 DVDs in New Zealand was pirated and it was a growing problem, Mr Eaton said.

The alleged leader of the piracy ring, involving up to four other men, is expected to appear for trial in August facing up to 38 charges under the Copyright Act.

Mr Eaton, who believes Samu is the first person sentenced under tougher copyright penalties, was involved in an undercover sting.

Samu sold him 50 DVDs for $350, or $7 each, last October.

Among the DVDs Samu offered for sale were titles such as the Spy Kids movies, Star Wars, Troy, The Ring, Spiderman, Spiderman 2 and Resident Evil.

Mr Eaton told the Herald Samu said he had been selling DVDs for about three months but it was believed to be closer to one year.

"We believe he had sold over 3000 DVDs."

"From our side of this it is great the court has recognised the seriousness of the charge," Mr Eaton said.

"He is one of the smaller players and we are certainly looking at the bigger players. Seven dollars doesn't seem like much but if someone buys a DVD of King Kong, they give it to their friends and it gets passed around.

"Suddenly there are 20 to 30 people who would have gone to the movie who aren't going."

Changes to the Copyright Act increased penalties from three months in prison and a fine of up to $1000 to five years in prison or a fine of between $10,000 and $150,000.

Mr Eaton said the act had been under-used in New Zealand in the past because piracy was seen as a "victimless crime on Hollywood".

In sentencing Samu in the Auckland District Court, Judge Anne Kiernan said copyright theft was serious and deterrence was an important part of sentencing.