History
In 2007 FACT reported seizing over 2.8m pirate DVDs and states it has "enhanced its enforcement capabilities against those involved in the manufacture, distribution and sale of copyright material both online and in hard copy format".
Also in 2007, FACT, in collaboration with UK police, took down well known hot-linking site Tv-links.co.uk. FACT makes the claim that the 26 year old man from Cheltenham was arrested in connection with offences relating to the facilitation of copyright infringement on the internet whereas the arrest was over a matter of possible trademark infringement. While arrested under Section 92 of the Trade Marks Act 1994 he has now been released 'pending further investigation' with no charges filed against him as of 25 October. Section 92 of the Trade Marks Act 1994 deals with falsely applying signs to goods that may be mistaken for a registered trademark.
In June 2009, FACT brought a lawsuit against the company Scopelight and its founders for running a video search engine called Surfthechannel.com. The organisation accompanied a police raid on the Scopelights owner's homes, Anton and Kelly Vickerman, who collaborated with the police in the initial investigation and they allowed FACT employee's to inspect confiscated computers and the information on them. After a few months the police decided there was not currently sufficient evidence to prosecute the owners for criminal charges. Scopelight's owners requested their property back to which FACT refused claiming they were holding onto the equipment to be used for a civil case against the owners. The issue was brought to court and it was ruled that FACT's actions were improper and the equipment should have been returned the moment police decided not to prosecute the owners of Scopelight.
In a subsequent appeal (Scopelight & Ors v Chief Constable of Northumbria Police & Federation Against Copyright Theft EWCA Civ 1156) The Court of Appeal overturned that judgment and instead ruled that the police did indeed have such a power in a landmark ruling.
The Court of Appeal’s judgment recognises the important role that private prosecutions can play in protecting copyright and, more generally, of upholding the criminal law. As a consequence of this successful appeal, the evidence against the directors of Scopelight Limited (Anton and Kelly Vickerman) was heard in a criminal trial at Newcastle Crown Court in June and July 2012. Both defendants were charged under Conspiracy to Defraud (two counts each) and the jury trial took place in front of His Honour Judge Evans.
After a seven and a half week trial, the jury found Kelly Vickerman not guilty on both counts and Anton Vickerman guilty on both counts of Conspiracy to Defraud.
On 14th August 2012 Anton Vickerman was sentenced to four years imprisonment on each charge of Conspiracy to Defraud, sentencing to run concurrently. His Honour Judge Evans' sentencing remarks are available here. FACTS conducted an Intelligence gathering Operation againse Evans and his family and associates to inlude an undercover operations.
Read more about this topic: Federation Against Copyright Theft
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