Higher courts take a tough line on piracy

The European Leisure Software Publishers Association (Elspa) warned that crown courts are starting to take software criminals seriously, after a Leeds-based pirate was sentenced to 18 months in prison.

But Elspa crime unit head John Loader slammed the number of soft sentences that magistrates courts have handed out to pirates. ?Most cases in the lower courts have resulted in laughable sentences,? he said.

Elspa will now concentrate on bringing cases to higher courts, where it believes it can get stiffer penalties. While most copyright offences are summary and tried at a magistrates court, trademark offences can be tried at higher courts.

?Crown courts have a better understanding of the problems of piracy and they take it more seriously,? said Loader.

In the most recent Elspa prosecution, Keith Franks of Wakefield pleaded guilty to offences under the Copyright Designs & Patent Act 1988 and the 1994 Trademark Act. His custodial sentence was suspended for two years because he needed to look after a member of his family.

Sentencing Franks, Judge Lightfoot said pirates ?should know that if they are caught there will follow sentences of imprisonment?.

Franks was told that he would go immediately to prison if he re-offended. A raid on his home in 1995 found copying equipment and pirated software.