As I have stated earlier, I've sent the BPI over 25 emails now over a period of 14 days concerning not only their recent action against CDWOW and the buying public.To this date they have not replied to any of them. Apart from them being morally debased, their customer service attitute sucks.
I approached the Office of Fair Trading (OFT) to see what, if anything, could be done in the way of submiting a formal complaint against the British "Phony"graphic Institute (BPI) on the grounds of an investigation into their dubious tactics during 2000/2001 to which the OFT then made a statement which included the quote.
""The major record companies - an international showcase for British talent - must not create barriers to international competition that harm British consumers," said John Vickers, director general of Fair Trading.
"Free competition is the way forward, and the industry is on notice that the OFT will act if anti-competitive agreements are found in the future."
This was in relation to five major record companies subsidising record shops to keep prices artifically high...in other words price fixing.
My point being that the BPI were at it again..... denying customers from buying at a fair price from an online retailer selling legitimate goods.....not pirated stuff............this is their reply to my letter sent today.
Thank you for your recent email concerning "CD-Wow" and its parallel importation of music compact discs into the UK from Asia.
It is the responsibility of the Office of Fair Trading (OFT) to enforce Competition Law (the Competition Act 1998) within the United Kingdom. From 1 May 2004 the OFT will also enforce EC Competition Law.
Our understanding of the situation which you have referred to is that:
* CD-Wow was 'parallel' importing CDs into the UK from Asia; and
* BPI was proposing to take CD-Wow to court for alleged infringement of UK copyright law.
(Parallel importing refers to a situation where a record company sells a CD in one country to someone who then exports it to another for resale.)
Record companies own certain "Intellectual Property Rights" (IPRs) in relation to CDs or other music formats that they produce and/or distribute. These rights are likely to be protected by UK Copyright Law and give the producer/distributor distribution rights that allow them to control parallel importing from outside of the European Economic Area (EEA).
The OFT takes the view that it is unlikely that record companies would infringe UK competition law by enforcing their rights under copyright law to prevent parallel imports from outside the EEA.
This would not be the case if the products were being parallel imported from within the EEA as under European Law once a CD is put on the EEA market with the right holder's consent all rights to control distribution further are lost (referred to as 'Exhaustion of Rights').
The OFT has previously issued a warning to UK record producers that it will act if evidence is found that attempts have been made to frustrate cross border trade. This is an area of commerce that the OFT continues to monitor. Further details regarding this can be found on our website at:
http://www.oft.gov.uk/News/Press+rel...ay+in+line.htm
I hope that this information has been of assistance to you.
Yours sincerely,
John Trippier