NST, FRIDAY MAY 8 1992
Videotape company ordered to observe copyright
KUALA LUMPUR, Thursday – The High Court today restrained a videotape company, its manager and an employee from infringing the copyright of Television Broadcast Limited of Hong Kong and Golden Star Video Sdn Bhd.
The order against Pusat Video & Elektronik New Times, Mr Loh Sang and Mr Loh Yit Pun was granted by Mr Justice Datuk Zakaria Mohamed Yatim after a hearing in his chambers.
Television Broadcast Limited and Golden Star, represented by Mr Jerald Allen Gomez, obtained an order restraining the respondents from reproducing, letting out or distributing for the purpose of trade, any film belonging to the plaintiffs.
The respondents are also restrained from converting to their own use the copyright ic such film and the infringing copies.
Zakaria also granted other order sought by the plaintiffs relating to damages and the delivery of all infringing copies of such film in the respondents possession, power, custody or control.
An inquiry on the damages suffered by the plaintiffs will be heard before a senior assistant registrar on a date to be fixed.
In their statement of claim, the plaintiffs said that Pusat Video & Elektronik New Times operated a business of letting out videotape to the public at jalan panggung, sri kembangan, serdang.
The business was not registered with the registry of business, they said.
They also said that at the premises, the company had a considerable quantity of recording equipment which it used for the reproducing of unlicensed copies in the form of videotape of film of which the ownership belonged to Television Broadcast and others.
They further claimed that the company distributed the copies for hire for the purpose of trade.
The plaintiffs said that a total of 476 infringing copies were seized from the premise between Jan 12 and July 13, 1990.
BERITA HARIAN, JUMAAT MEI 8 1992
Pusat video dihalang edar film
KUALA LUMPUR, Khamis – Mahkamah Tinggi hari ini mengeluarkan perintah menghalang sebuah pusat video daripada mengeluarkan semula, menyewa dan mengedar bagi maksud perdagangan mana-mana filem kepunyaan Televisyen Broadcast Limited Hong Kong dan Golden Star Video Sdn Bhd.
Hakim Datuk Dr Zakaria Mohd Yatim, meluluskan perintah itu di kamarnya berikutan saman plaintif terhadap Pusat Video & Elektronik New Times di jalan panggung, serdang, Selangor yang dinamakan sebagai defendan pertama.
Turut dinamakan sebagai defendan ialah pengurus pusat video itu, Loh Sang dan seorang kakitangannya Loh Yit Pun, Plaintif diwakili peguam Jerald Allen Gomez, manakala defendan tidak mewakili peguam.
Defendan pertama didakwa melakukan kesalahan mengeluarkan salinan pita video tanpa permit sah mengandungi hakcipta dipunyai plaintif pertama dan kedua sebagai pemegang lesen yang eksklusif.
Pusat video itu juga didakwa tidak berdaftar dengan Pendaftar Perniagaan dan sejak 12 januari hingga 13 julai 1990 sudah membuat salinan 476 filem yang hakciptanya dipegang oleh kedua-dua plaintif kepada pita video.
Dr Zakaria mengeluarkan perintah menghalang defendan membayar kos, ganti rugi dan perkara lain yang difikirkan perlu oleh mahkamah.
Pada 3 mei tahun lalu, Mahkamah Tinggi mendapati Loh Sang bersalah menghina mahkamah kerana enggan mematuhi perintah halangan sementara terhadapnya yang diluluskan oleh mahkamah pada 27 september 1990.
Loh Sang didenda $10,000 atau enam bulan penjara jika gagal menbayar denda itu.
THE STAR, FRIDAY May 8 1992
Golden Star gets order against video centre
Kuala Lumpur: Golden Star Video, the sole distributor of Hong Kong Television Broadcast (TVB) videos in Malaysia, yesterday obtained a permanent High Court injunction restraining a local video centre from infringing its copyright.
Mr justice Datuk Dr Zakaria Yatim granted the order against Pusat Video & Elektronik New Times, its manager, Mr Loh Sang, and an employee, Mr Loh Yit Pun, and their agents from reproducing or distributing any films for which Golden Star is the exclusive licenses.
He also granted Golden Star damages for “conversion” (using another party’s property for own benefits), damages and costs.
He ordered Pusat Video & Elektronik New Times, to deliver all the copies of video that it had pirated.
He mad the order in chambers after hearing the inter-parte application by Golden Star counsel, Mr Jerald Allen Gomez.
The counsel for Pusat Video & Elektronik New Times, and the other two defendants were not present.
Joining Golden Star as plaintiff was Television Broadcast Limited (Hong Kong TVB).
In its statement of claims, Golden Star and Hong Kong TVB said Pusat Video & Elektronik New Times, which was not registered with the Registry of Businesses, had dealt in pirated video tapes.
NEW STRAIT TIME, MAY 22 1991
Thugs working for video pirates
KUALA LUMPUR, Tuesday – Local video pirate syndicates are employing gangsters, drug traffickers and pimps to expand their business and thwart enforcement officer.
Golden Star Video managing director Sony Yap said today some syndicates, whose owner drive luxury car and earn more than &5,000 a day, were employing thugs to threaten enforcement teams and intimidate authorized video dealers.
“Many of our officer and authorize dealers have been threatened, beaten up or slashed with parangs by these thugs,” he told a press conference here.
He claimed the syndicates resorted to strong-arm tactics following increased pressure from the authorize and enforcement division of copyright owners.
He said the company noted that these syndicates had been getting away with their illegal activities by paying fines.
To overcome this, the company had resorted to civil action in addition to raids by Domestic Trade and Consumer Affairs Ministry enforcement team.
Relating the case, Mr Yap said investigation by its lawyer discovered that the video centre, which was not a registered business, had been dealing actively in pirated tapes.
He said the company’s lawyers then applied for an injuction and a discovery order last month.
Armed with the injunction, they raided video centre and seized 755 pirates tapes last month. A further 635 tapes were found in the premises within a period of less than a week.
The lawyers then made an application to commit the owner to prison for contempt of court.
In another case, the proprieter of Pusat Video & Elektronik New Times in Sri Kembangan was fined $10,000 by the High Court after he had repeatedly failed to comply with earlier injunction, said Mr Yap.
An anton pillar order has also been enforced on Pusat Video KL of Taman Cheras Indah, forcing the proprietor to close shop.
The company has advised the public not to deal with any video outlet served with an injunction as they are also liable to be charged with contempt of court.
MALAY MAIL, MAY 23 1991
JAIL WILL END VIDEO PIRACY
THE best way to deter video tape piracy is to impose longer jail term and heavier fines, a video centre manager postulated.
In the absence of deterrent sentences, the pirates are becoming bolder, Golden Star Video Sdn Bhd managing director Sonny Yap said.
He said records show that the courts hardly, meted out jail sentences but normally fined the culprits between $1,000 and $10,000 a meager sum compared to the millions of ringgit they are reaping through their illegal activities.
“The heaviest fine imposed on video cassette pirates to date is $50,000 when the then Trade and industry Ministry enforcement officers raided an outlet in Petaling Jaya in 1984,” he said.
He claimed that the first video pirate to be sent to prison was a women who was arrested and charged for possession of 1,390 copies of infringed video cassettes early this month.
The women is serving a jail sentence at Kajang prison for contempt of court as she declined to reveal the identity of the owner of the piratesd tapes.
One of the reasons why video piracy in the country is flourishing is because the mastermind always remains anonymous, Mr Yap said.
“The real culprits, who are causing big losses to the industry, engage fall guys who are willing to come forward claiming the seized cassettes belonged to them,” he said.
“These people are willing to do this because they are paid well.”