ENTERTAINMENT: Despite the imminent crackdown and new penalties, the illicit trade continues

PHUSADEE ARUNMAS and CHUTIMAPORN KASEMSUK

Pirated software and entertainment products remain widely available in many shopping centres and districts in the run up to the May 1 launch of a government crackdown on counterfeit compact discs.

Many shop owners in Mahboonkrong (MBK) and Fortune Plaza on Ratchadaphisek Road were arrested shortly after the government announced an anti-piracy campaign two years ago.

But according to a random survey by Bangkok Post reporters, there are still a number of shops selling pirated software and entertainment goods.

Prime Minister Thaksin Shinawatra recently reiterated that 13 state agencies would be involved in the suppression of copyright violations.

On April 8, the cabinet approved a series of measures aimed at curbing on rampant copyright infringement ahead of the crackdown.

Vendors found in violation of copyright laws will face penalties of up to five years in jail, with fines of up to 100,000 baht. Building owners where the vendors sell their pirated goods will also face penalties equal to two-thirds of the vendor's fine.

Police officers and informants will be awarded one million baht per compact-disc copying machine and two million baht for two machines. Rewards will not exceed two million baht. Also, officers will receive three baht for every pirated CD seized.

Deputy Commerce Minister Wattana Muangsuk is setting up a working group from the private sector comprising CD copyright owners, CD factory owners and department store operators to inspect areas suspected of selling the counterfeit goods.

The group will be empowered to examine CD factories as well as shops in 12 department stores and shopping areas _ Pantip Plaza, MBK, Fortune Town, Tawanna Plaza, Klong Thom, Saphan Lek, Future Park Rangsit, Seri Center, Seacon Square, Patpong Road and Sukhumvit sois three to 15.

Commercial and shopping centres in Chiang Mai, Mae Sai in Chiang Rai, Mae Sot in Tak, Pattaya, Hua Hin, Hat Yai and Phuket will also be targeted.

More frequent checks will also be organised from the monthly inspections at present.

Under the new measures, CD music shops must obtain permission certificates from the Business Development Department, while those selling VCDs and DVDs must obtain the consent of the Interior Ministry.

The Commerce Ministry is working to facilitate the permission requests through a single agency.

Mr Wattana said three months from May 1 should be adequate to significantly reduce piracy rates.

Once this has been achieved, music and movie firms should then reduce prices to better reflect their appropriate costs, Mr Wattana said.

According to a Commerce Ministry report, 19 CD factory owners were arrested last year, with the total value of the pirated goods estimated at 50-60 million baht.

Despite the crackdown, owners of CD shops at Fortune Town said they would continue to sell the counterfeit goods but only to regular buyers to avoid arrest.

According to the survey, a majority of shop-owners in MBK and Pantip Plaza, the country's notorious venues for pirated products, said they planned to open their outlets in the afternoons as authorities usually conducted their checks in the morning.

``We are afraid, of course, but still manage to do it for a living,'' said one pirated CD shop-owner at Pantip who spoke on condition of anonymity.

A large number of CD shops selling counterfeit goods operate at MBK and Ban Mor, the biggest venue for electrical and audio parts and pirated CDs, VCDs and DVDs.

Many hold legitimate licences in purchasing legal CDs from the Business Development Department.

Fake CDs, VCDs, DVDs and computer games cost 100-200 baht each depending on quality and quantity of purchases. If you buy five copies, you can get one for free, for instance.

Sales of fake CDs, VCDs, and DVDs have been brisk amid fears of contracting the Sars virus, as well as the Songkran holiday, a CD shop employee said.

Under these circumstances, efforts to clamp down on fake discs appear difficult to achieve, unless the shopping centre operators co-operate.

In the past, legal action had not been brought against building owners as the affected parties had not filed official complaints. But under the new policy, the Commerce Ministry will file complaints against building owners, with no out-of-court settlements.

Chaiyapong Poosunthornsri, general manager of Thippatana Arcade Co, manager of Pantip Plaza and Tawanna Plaza, said it would help the government in cracking down on pirated goods by not renewing lease contracts of tenants suspected of selling CDs, VCDs, DVDs.

Some lease contracts expire in June while some have 10 years left on their lease. One problem is that some long-term tenants have sub-leased their spaces to CD vendors, making it difficult to control sales of pirated goods.

He said arrest warrants from the police would be needed to provide the firm with evidence to revoke the lease contracts before expiry dates.

Tenants would only be allowed to sell software and educational materials, he said.

Tawanna Plaza in Bang Kapi seems to be easier to address, with tenants holding short-term leases, many due to expire by the end of this month.

According to Mr Chaiyapong, the company has reduced the number of tenants at the two plazas to 20 from the 100 tenants who sold CDs two years ago.

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