Retro pirate gets two-year suspended jail sentence for being stuck in the past, burning and selling remix CDs of famous artists — four-year investigation into copyright infringement on 40-year-old medium began in 2018

Some pirate audio CDs today
(Image credit: Tom's Hardware)

The year is 2026, and a UK man has been sentenced after pleading guilty to the unauthorized mixing and selling of music CDs, and thus breaking copyright laws. Marc Kearns, 47, of East Cowick, near Snaith in East Yorkshire, has been handed a 26-month prison sentence, which will be suspended for 18 months, reports the BBC. He will also have to carry out 250 hours of community service work (unpaid) for his sins.

Perhaps Kearns’ greatest sin was living in the past. The Yorkshireman could have been untouchable, plying his remixes in the cobwebbed corners of the internet. But perhaps his customers were also firmly embedded in the shiny CD-era, with a fondness for hand-made compilations burned on beige desktop PCs. So, direct physical trade was probably the easiest route to profit from his remix CDs featuring music from well-known artists.

Trading standards officers became aware of his trade in illicit CDs way back in 2018. They then began their lengthy investigatory work in 2019, and a warrant was executed in September 2022. The case has only just concluded with Kearns pleading guilty to a number of charges at Hull Crown Court last week.

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Commenting on the sentencing, a council spokesperson said of Kearns “This activity enabled him to commercially exploit protected material, generating income at the expense of legitimate artists and businesses within the music industry.” A local councilor also highlighted the potential for generating “significant illicit profit” from the trade in counterfeit and unauthorized goods. They hoped that the sentencing of Kearns, even though it is suspended, would deter other pirate traders.

As we hinted at above, Kearns was probably caught due to his trade involving this old but not totally abandoned physical medium. The way trading standards investigations work, Kearns’s CD remixes business likely left a traceable commercial footprint. However, the sources don’t mention whether he has a market stall, was a car-boot trader, or found customers through mail order, social media groups, or similar.

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Mark Tyson
News Editor

Mark Tyson is a news editor at Tom's Hardware. He enjoys covering the full breadth of PC tech; from business and semiconductor design to products approaching the edge of reason.

  • Dr3ams
    In Germany, back in the early 2000s , circumventing DRM was legal, as long as it was for your own personal use...like backing up your collection. You could find various copying software utilities on CDs inside computer magazines. In addtion, many of the magazines had articles on how to use those utilities to get around the DRM. Of course companies like Sony eventually pushed for laws to ban that practice.

    I have a mix of digital music and music on CDs. I prefer to buy CDs, but if the price is too high for what I want then I'll buy lossless versions on Qobuz or Bandcamp. I don't do streaming. I want to own what I'm listening to. Same goes for movies.
    Reply
  • TerryLaze
    Dr3ams said:
    In Germany, back in the early 2000s , circumventing DRM was legal, as long as it was for your own personal use...like backing up your collection.
    No it wasn't, what was legal and what we did was to create perfect copies for backup INCLUDING whatever DRM, that's not circumventing since it's still there.

    Things like x-copy and later alcohol 120% were legal because they just made a perfect copy of the original "for backup purposes" wink wink nudge nudge.

    Also no, sony got it's ass kicked when they distributed their music cds with a rootkit, they never managed to get copying cds to be illegal, it's only in the digital age where the giants were able to dictate a strict drm on websites.
    https://www.pinsentmasons.com/out-law/news/sony-suspends-rootkit-from-cd-production
    Reply
  • King_V
    Dr3ams said:
    In Germany, back in the early 2000s , circumventing DRM was legal, as long as it was for your own personal use...like backing up your collection. You could find various copying software utilities on CDs inside computer magazines. In addtion, many of the magazines had articles on how to use those utilities to get around the DRM. Of course companies like Sony eventually pushed for laws to ban that practice.

    I have a mix of digital music and music on CDs. I prefer to buy CDs, but if the price is too high for what I want then I'll buy lossless versions on Qobuz or Bandcamp. I don't do streaming. I want to own what I'm listening to. Same goes for movies.
    While I don't mind streaming, I have been wary of digital-only, as I likewise want lossless versions. Thanks for the tip on two possible places to get lossless versions of music. Do you have any suggestions for similar with regard to movies? I'm in the US, wasn't sure if you were referring to Germany-only sites.
    Reply
  • derekullo
    An artist can upload their song or even an entire album onto Youtube for anyone to hear for free.
    D2ts2GWOSv8View: https://www.youtube.com/watch?v=D2ts2GWOSv8
    You can download the mp3 of that and burn it to a cd if you wanted to.
    The issue here isn't that he made copies ... it's that he sold them ... I'm assuming for euros.
    Reply
  • Dr3ams
    TerryLaze said:
    No it wasn't, what was legal and what we did was to create perfect copies for backup INCLUDING whatever DRM, that's not circumventing since it's still there.

    This:
    Before 2003, German law generally permitted citizens to make copies of CDs and DVDs so long as they were strictly for private, non-commercial use and did not distribute them. However, the legal landscape shifted dramatically with the passing of the Urheberrechtsnovelle (Copyright Revision Act) on September 13, 2003, which integrated the EU Copyright Directive into German law. The reform introduced two major changes:

    - The Prohibition of Circumvention: It became illegal to bypass or crack any "effective technological protection measure" (such as CSS on DVDs or various copy controls on CDs) to make a copy.

    - The "Obviously Illegal" Source Clause: The private copy exception was restricted so that it only applied if the source material being copied was obtained legally (not from pirated or clearly illegal sources).

    Circumvention Technology & "Fair Use" Despite the 2003 ban on circumvention, consumer behavior heavily pushed back. In the early 2000s, commercial music labels—particularly in the German market—experimented with aggressive copy-protection formats (like Cactus Data Shield or Key2Audio) that made CDs unplayable on computers and car stereos. This sparked outrage, with major pushback from consumers who found they couldn't even play the CDs they legally bought. To circumvent these protections and create backups, users relied on specific software, which I won't mention here.
    Circumvention and/or deleting DRM while backing up your property was allowed in Germany before 2003. I know, because I was doing this here until it was made illegal. The software to do both was available on just about every CD sold with a PC magazine (PC Welt, CHIP, and PC Magazin).
    Reply
  • Dr3ams
    King_V said:
    While I don't mind streaming, I have been wary of digital-only, as I likewise want lossless versions. Thanks for the tip on two possible places to get lossless versions of music. Do you have any suggestions for similar with regard to movies? I'm in the US, wasn't sure if you were referring to Germany-only sites.
    Regarding music, the two sites I mentioned are international. For movies, If I can't find a physical copy of a movie I want in English, then I'll purchase it on Amazon Prime. But, you can only download them within the Prime Video app for offline viewing. You cannot download them as standalone files (like an MP4) to transfer to other devices or burn to a DVD due to Digital Rights Management.
    Reply
  • King_V
    Dr3ams said:
    Regarding music, the two sites I mentioned are international. For movies, If I can't find a physical copy of a movie I want in English, then I'll purchase it on Amazon Prime. But, you can only download them within the Prime Video app for offline viewing. You cannot download them as standalone files (like an MP4) to transfer to other devices or burn to a DVD due to Digital Rights Management.
    Ah, understood. Bummer about the movies, though. Guess I'm just gonna keep buying discs for those and ripping them to my NAS.

    I've run into disc rot with one or two CDs, so, while I want the physical media, I make sure I create digital lossless copies. Music-wise, not previously knowing where to buy in lossless format kept me from buying digital music.
    Reply