A MAN who ran an illegal business modifying games consoles for four years claimed he didn't know what he was doing was wrong when trading standards finally caught up with him.
Mark Burkey, of Justin's Avenue, Stratford, ran a website called Ghost2Fitter selling games console 'mod-chips' and 'chipping' consoles for customers - which allowed them to play counterfeit games.
The 42-year-old was handed a 12 month community order and ordered to do 150 hours unpaid work after a successful prosecution by Warwickshire County Council Trading Standards.
Burkey first came to the attention of trading standards in November 2010 after it received information illegal goods and services were being offered for sale on the website.
Officers purchased goods from the website which were then examined and it was confirmed the devices broke copyright protection measures.
They then visited Burkey’s home in February and seized a considerable number of devices suspected to be illegal.
Burkey pleaded guilty to 13 offences of breaching copyright and an offence under the Trade Marks Act 1994.
The court ordered all of the illegal devices seized from Burkey’s property should be forfeited and ordered him to pay £4,000 in costs.
Almost all the goods on Burkey’s website, which he had run since 2006, were illegal and the court heard it was likely the financial harm caused to the genuine game industry may have run in to hundreds of thousands of pounds.
In mitigation, Mr Cheetham, representing Burkey, said his client believed the process of modifying games consoles was not illegal.
He said that Burkey was naïve in believing that his business was lawful but was now remorseful for his conduct.
Warwickshire trading standards chief, Mark Ryder, warned businesses who sell counterfeit goods they will be caught.
He said: "Businesses that trade fairly are put at a massive disadvantage by those who sell counterfeit goods on-line or sell devices that enable fake goods to be used.
"Warwickshire Trading Standards will continue to work to protect honest businesses that trade fairly, support jobs in the local and wider community and pay their taxes.
"People who imagine they can hide their identity behind a website and sell illegal goods in Warwickshire are warned that we will find you and take action."
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