Re: Letter of claim - p2p

The Todal <deadmailbox@xxxxxxxx> posted
I think it is a great pity that the BPI do not take the trouble to quote
chapter and verse, and case law, to prove that a parent can be liable for
the downloads made by his children etc.

No prizes for guessing why they don't!


It sounds like bullying rhetoric but there might be substance in it. Those
who have been threatened with prosecution (or civil action) and have paid
for legal advice from a copyright lawyer, seem to end up paying.

Like who?


Lewis, by the way, was a guilty plea.

R. v Lewis (Christopher)
L appealed against a sentence of 27 months' imprisonment, having pleaded
guilty to 10 specimen counts of distributing infringing articles contrary to
the Copyright, Designs and Patents Act 1988 s.107(1)(d)(iv). He operated a
computer bulletin board which was used to exchange copyright computer games
without the copyright owner's licence. Callers could download computer games
onto L's computer system, and upload games from that system. Over a period
of three months 934 games were downloaded and 592 were uploaded. The value
of each game to the copyright owner was about GBP 40.
Held, allowing the appeal and reducing the sentence to 12 months'
imprisonment, concurrent on each count, that while an immediate prison
sentence was necessary and appropriate, 27 months was longer than required,
having regard to L's plea and good character.
Court: (CA (Crim Div)) Court of Appeal (Criminal Division)
Judge: Judge Crawford Q.C.; Otton, L.J.; Hidden, J.
Judgment date: June 28, 1996

Well he was bang to rights. That kind of blatant infringement is exactly
what the law is meant for. Although it seems to me extremely harsh (and
in fact stupid) to send him to prison at all for a non-violent offence.
The boy who mugged my 14 year old son didn't even get probabion.

--
PeteM

--
Posted via a free Usenet account from http://www.teranews.com

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