Re: Ind: Illegal file-sharers fined for first time in Britain


"Alex Heney" <me8@xxxxxxxxxxx> wrote in message
news:fbfqt1hdpvud3jiq4k30m0j7qhusban8e1@xxxxxxxxxx
> On Sun, 29 Jan 2006 10:58:11 -0000, "The Todal" <deadmailbox@xxxxxxxx>
> wrote:
>
>>
>>"Bystander" <bystander@xxxxxxxxxxxxx> wrote in message
>>news:Lf-dnXtIIqMDQUbenZ2dnUVZ8qidnZ2d@xxxxxxxxxxxx
>>>
>>> Agree entirely but when the two guys wake up tomorrow morning, they'll
>>> still have a criminal record.
>>>
>>> Criminal isn't in it. These were civil proceedings. What was ordered was
>>> damages not fines. There will be no criminal record for anyone.
>>
>>I look forward to reading a transcript. Until then it is difficult to
>>comment usefully. Breach of copyright is a criminal offence as well as a
>>civil breach,
>
> Only if done in the course of a business.

I disagree.

" 107.-(1) A person commits an offence who, without the licence of the
copyright owner-
(a) makes for sale or hire, or
(b) imports into the United Kingdom otherwise than for his private and
domestic use, or
(c) possesses in the course of a business with a view to committing any act
infringing the copyright, or
(d) in the course of a business -
(i) sells or lets for hire, or
(ii) offers or exposes for sale or hire, or
(iii) exhibits in public, or
(iv) distributes, or
(e) distributes otherwise than in the course of a business to such an
extent as to affect prejudicially the owner of the copyright,
an article which is, and which he knows or has reason to believe is, an
infringing copy of a copyright work."

Para (e) would (or at any rate might) catch someone whose computer is always
on and allows hundreds of tracks to be downloaded to other machines.



>
>>and it may be that the judge gave a declaration that the
>>various defendants were in breach of the criminal law
>
> I don't think the judge *can* do that, in a civil case.

They can, though arguably it would be obiter. I do hope we get to read the
judgment soon. If it was Collins, he is a highly respected judge who usually
gets it right. Incidentally he must now be nearly ready to give judgment in
the Meadow case.


.

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