Top video pirate receives suspended sentence
A man described as one of the top three pirate video distributors in the country has been given an 18-month suspended sentence by Judge Joseph Mathews at Dublin Circuit Criminal Court.
David McGoldrick, aged 35, from Dunmore Lawns, Kingswood, Tallaght was told by Judge Mathews that "the message must go out loud and clear that video piracy is a crime".
Mr Garnet Orange BL, prosecuting, told the judge earlier that it was open to him to impose a maximum five-year jail term or a fine of up to €127,000.
However Judge Mathews told the father-of-four that he was conscious of his financial situation and said he did not intend to impose a financial penalty on him and his family.
McGoldrick was convicted by a jury on four charges of having video cassettes in his possession on August 8, 2002 at his home and that he knew he was infringing the copyright of the owners.
He had denied having five copies each of "Spiderman" and "Gold Member - Austin Powers"; 10 copies each of "Scooby Doo" and "Stuart Little Two"; and 20 copies of "Minority Report" in his possession while knowing they were counterfeit.
Detective Sergeant Maura Walsh gave evidence during the trial that 500 and 600 copies of videos were recovered from two vehicles at McGoldrick’s home and computers, scanners, CDs and other assorted DVD and video items were found in his attic.
Detective Inspector Michael O’Sullivan told Mr Orange he had known McGoldrick for some time and that he was a target of the anti-racketeering unit.
Det Inspt O’Sullivan said McGoldrick had been engaged in the full-scale distribution of illegal pirate videos throughout the city and the country. McGoldrick’s lifestyle was funded almost entirely by counterfeiting and he had serious doubts that he was now out of the business.
The value of the material seized at his home was around €18,000 which Det Insp O’Sullivan said would have been one of many supplies McGoldrick would have handled that week..
Mr Brian Finnegan, Director General of the Irish National Federation Against Copyright, said that video piracy was a growing problem worth an estimated €64.2 million per year. He warned its value could soon overtake the genuine industry, worth €140 million per year.
Mr Finnegan said that 40% of fraudulent videos and DVDs were of poor quality or only half recorded.
He told Judge Mathews that many people did not see the problem as a serious crime because it did not have an immediate effect on them..
The judge agreed that members of the public could see people involved in video counterfeiting as like ‘Robin Hood.’ "People do tend to see people like Mr McGoldrick as men in tights," he joked.
Mr Kieran Kelly BL, defending, said he had firm instructions from his client that he was no longer involved in any video piracy. He had remortgaged his house recently and was now involved in the distribution of office supplies.
He asked McGoldrick if there would be any sequel to this case to which his client replied: "Sure if I was still involved there would have been some kind of follow up."
Judge Mathews agreed to suspend the sentence provided McGoldrick adheres to a bond to keep the peace for the next three years.
