The official DVD is not expected until November but the eBay sellers were offering discs that feature their own recordings of the live TV broadcast. Home recordings from TV are allowed for personal use – a practice known as 'time-shifting' that is written into the UK's copyright legislation; but to sell such a recording is a breach of copyright.
The BPI says it is "working closely with the online auction site to have the illegal listings removed," but it is also critical of eBay's current policy
According to the BPI, eBay sellers can be caught selling items illegally up to three times before their account gets suspended. Even then, says the BPI, there does not seem to be anything to prevent sellers starting over with the same credit card details, with the rules seemingly even more flexible for eBay-approved 'power sellers'.
Online auction sites have become a piracy haven in recent years, and in 2004 the BPI arranged for the removal of 14,318 illegal auctions – up from 5,649 in 2003. With more than 13,000 actions removed so far this year, BPI investigators expect the problem to double in 2005 as more and more illicit sellers try to sell online.
BPI Director of Anti-Piracy David Martin said: “We would like to see online auction sites introduce far more effective methods to prevent the illegal sale of fakes. Three strikes and out is simply not good enough; it’s far too easy for these people to cash in, and if caught they get another two warnings. Auction sites must move to expel music pirates permanently, and with immediate effect.”
The BPI urges music buyers to report any incidents of piracy on its Anti-Piracy Hotline on 020 7803 1332.
