Woman loses appeal over CD piracy sentence

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SYDNEY, June 13 AAP - A woman who sold pirated CDs at a Sydney market has lost her bid to appeal the severity of an $8,000 fine and five-year good behaviour bond for infringing copyright.

Jin Hua Chen pleaded guilty to eight counts of infringing copyright and was sentenced in Penrith Local Court in December, 2002.

She was given almost seven years to pay the fine.

Chen today lost her appeal in the Federal Court on the severity of the sentence.

Federal Court judge, Justice Peter Jacobson, said the Australian Film and Visual Securities Office had purchased a number of CDs from Chen's stall at Penrith markets which were found to be in breach of copyright.

At sentencing, the local court magistrate had taken into account Chen saying she was a single mother with an asthmatic son and limited financial means, Justice Jacobson said.

He also said the fines imposed were well below the maximum of $60,500 for each offence.

Although Chen said the operation was small, Justice Jacobson said the evidence showed it was a commercial business.

" ... it is also plain that the volume of infringing material seized, the paperwork and business cards indicated that the applicant was conducting a commercial enterprise," he said.

The penalty "was consistent with others which have been imposed for this type of offence", Justice Jacobson said.

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