Re: Can a car be registered to a non driver ?

On Mon, 17 Mar 2008 18:41:37 -0000, "Norman Wells"
<norman@xxxxxxxxxxxxxxxxx> wrote:


"nully" <null@xxxxxxxxx> wrote in message
news:GAxDj.22610$kN5.15834@xxxxxxxxxxxxxxxxxxxxxxx
Norman Wells wrote:

IIUC you have stated:

1) "Illegal" downloading is extremely prevalent.
2) It is damaging the music industry significantly.
3) Judgement against the downloader would be extremely easy to
obtain if a case were brought.

Perhaps you could therefore explain why there have been so very few
cases brought at all, and none whatsoever than have gone to trial?

Because of the three facts you've stated above. Having been caught
bang to rights, and with no defence that will possibly stand up in
court, people tend to behave very pragmatically and settle at the
earliest available opportunity. That way they avoid all the hassle
and most of the cost. If they foolishly deny the accusation, the
reports seem to indicate that they have summary judgements entered
against them.

That shows all the signs of a deliberately deceptive reply and makes me
wonder what you have to gain by such malicious deception. No person at
all throughout the history of these cases been caught "bang to rights",
as it is totally impossible to be so caught barring a bunch of coppers
busting your door down and catching you in flagrante delicto with the
mouse in hand.

You clearly define 'bang to rights' in a very narrow way. The way I see it
is that downloaders are presented with a list of files they are alleged to
have downloaded, they recognise that list of course, and realise they've
been rumbled, 'bang to rights' as they'd probably say. Then, like adults,
most display some integrity and honesty, and put their hands up rather than
chavvily deny everything.

Further, they have a large number of defences that most
definitely will stand up, including but not limited to those mentioned
already in this thread. A number of people have chosen to settle, but
you have exactly zero way of knowing what percentage of those accused
this number represent.

Not quite. The Times report, for example, says that 23 out of 28 had
settled.

Nobody would be "foolish" in denying the
accusation as a properly mounted defence cannot fail, ergo it would be
foolish *not* to enter a defence. Finally, summary judgements were only
issued in a tiny insignificant number (two, to be precise) of cases,

Two that I've found in a very quick search.

both of which entailed a full and frank admission of culpability from
the defendants without which no judgement could have been awarded.

Nope, not so. They both denied it, one arguing that the music industry had
no proof, the other arguing that he didn't realise what he was doing was
wrong. Both arguments were slapped down.

They both admitted they had downloaded the material.

The fact one of them claimed he didn't know it was wrong is completely
irrelevant. He admitted doing it, and it is a well known facet of UK
law that ignorance of the law is no defence.
--
Alex Heney, Global Villager
Climate is what you expect. Weather is what you get.
To reply by email, my address is alexATheneyDOTplusDOTcom
.

Relevant Pages

  • Re: Can a car be registered to a non driver ?
    ... > 1) "Illegal" downloading is extremely prevalent. ... all throughout the history of these cases been caught "bang to rights", ... the defendants without which no judgement could have been awarded. ...
    (uk.legal)
  • Re: Can a car be registered to a non driver ?
    ... "Illegal" downloading is extremely prevalent. ... Judgement against the downloader would be extremely easy to ... caught bang to rights, and with no defence that will possibly ...
    (uk.legal)
  • Re: Can a car be registered to a non driver ?
    ... domestic downloading. ... If they foolishly deny the accusation, ... defence would "definitely" stand up. ... A properly mounted defence *will* fail if the facts are such that the ...
    (uk.legal)
  • Re: Can a car be registered to a non driver ?
    ... Norman Wells wrote: ... domestic downloading. ... accusation as a properly mounted defence cannot fail, ... Finally, summary judgements were only ...
    (uk.legal)