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So... "facilitating" copyright infringement is now an arrestable offense?

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  • User profile image
    W3bbo

    Yeah, I'll agree that sites like TVlinks and OiNK are primarily used for copyright infringement, but I've held the assumption that copyright cases were civil, not criminal.

    ....so why did the operators of TVLinks and OiNK get arrested?

    Surely the proper way is to send them C+D notices, then follow up with a good ol' fashioned lawsuit.

    This reeks of heavy-handedness. How did they justify this course of action?

  • User profile image
    Minh

    I think the royal family is making a play for power. A return to monarchy for the UK soon...

  • User profile image
    phreaks

    W3bbo wrote:
    Yeah, I'll agree that sites like TVlinks and OiNK are primarily used for copyright infringement, but I've held the assumption that copyright cases were civil, not criminal.

    ....so why did the operators of TVLinks and OiNK get arrested?

    Surely the proper way is to send them C+D notices, then follow up with a good ol' fashioned lawsuit.

    This reeks of heavy-handedness. How did they justify this course of action?



    The US has the Digital Millennium Copyright Act, which criminalizes the offenses and the UK has the EU Copyright Directive.

    So ya, those things are criminal acts now, punishable by the full wrath of the law.

    Welcome to the future!

  • User profile image
    W3bbo

    phreaks wrote:
    which criminalizes the offenses and the UK has the EU Copyright Directive.


    The EUCD is a Directive, not an actual Act. Think of it as the legal equivalent of an OO Interface, it's up to member states to implement it.

    And even then, I can't find anything in our Copyright and Related Rights Regulations act of 2003 which makes it criminal.

  • User profile image
    Bas

    Minh wrote:
    I think the royal family is making a play for power. A return to monarchy for the UK soon...


    You know, I hear that the American colonies are planning to declare independence...

  • User profile image
    AndyC

    W3bbo wrote:

    This reeks of heavy-handedness. How did they justify this course of action?


    According to the BBC, the arrests were in conjunction with Interpol, so it's entirely possible they are wanted for criminal acts overseas.

  • User profile image
    dahat

    This shouldn't be news to you... it was pretty much established in the states with the old 2600/DeCSS case where the conversation went something like this:

    2600: "Hey every body, take a look at the DeCSS source code we are hosting."
    MPAA: "Oh no you don't, that's our intellectual property, take it down or we'll sue!"
    2600: "No."
    Judge: "I agree… take it down"
    2600: "Ok... but we are going to link to copies of the source code that is not hosted by us... Ha!"
    MPAA: "Oh no you don't, that's our intellectual property, take it down or we'll sue!"
    2600: "No."
    Judge: "I agree… take it down"
    2600: "We shall appeal!"
    Appellate Court: "You are still breaking the law."

  • User profile image
    GoddersUK

    Minh wrote:
    . A return to monarchy for the UK soon...


    It already is.

    The monarchy cedes most of their power to parliment, but they (and only them) can still suspend it and they are still the head of the armed forces (I think).

  • User profile image
    GoddersUK

    Title wrote:
    So... "facilitating" copyright infringement is now an arrestable offense?


    This would make torrent trackers illegal too right?

    (They weren't actualy illegal before because they didn't host or distribute any copyright matterial).

    Having said that surely you could call "facilitating" "aiding and abetting" and "aiding and abetting" crimes is already illegal.

  • User profile image
    dahat

    GoddersUK wrote:
    
    Title wrote:
    So... "facilitating" copyright infringement is now an arrestable offense?



    This would make torrent trackers illegal too right?

    (They weren't actualy illegal before because they didn't host or distribute any copyright matterial).



    God not that baseless argument again. What's next? Fears of P2P being illegal one day?

    It all depends on what the intent was of the makers of such a product and what the level (both current and potential) of non-infringing use is and why why Apple for instance puts the "please don't steal music" wrapper/sticker on all iPods, so they can say "Hey, we aren't encouraging stealing of songs... we tell people not to and even provide legitimate alternatives like the iTunes Music Store."

    It's this same thought process that lead to home video tape recorders being perfectly legal in consumer hands... despite the fact they could and sometimes/often were used for copyright infringement, there existed “substantial non-infringing use.”

  • User profile image
    Bas

    creditcard wrote:
    We really need to think of a system to replace copyright and still ensure people can making a living authoring things. Copyright is a mess and really has no place in the information age.


    Any suggestions?

  • User profile image
    GoddersUK

    Some countries have a media tax on cds etc., that allows you to make coppies legaly because that tax covers liscening, don't they.

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