Copyright

[J'Pol]

Originally posted by Jibbler+24 April 2003 - 04:11--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (Jibbler @ 24 April 2003 - 04:11)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin--Schmiggy_JK23@23 April 2003 - 21:21
I just think its nieve for people to think cuz they are in another country, that the RIAA, the MPAA, or whoever cant prosecute them, or charge them, etc, thats just silly. Just cuz your somewhere else, doesnt mean your safe... thats moronic to think that.

Well look what we&#39;ve found here on the ol&#39; internet. Could this possibly put a rest to the "your country vs. my country" argument?

This is regarding copyright laws - internationally speaking:

Question: What if the alleged infringement happens outside of the U.S.?

Answer: International rules including the TRIPs Agreement and the Berne Convention allow the U.S. to enforce its copyright rules under local laws in over 100 participating nations.

Here is the link should any of you require further reading. JimF? Satisfied yet?

Edit: typos [/b][/quote]
Thanks for that.

Please don´t take this the wrong way. You can show me this type of article all day long. However as long as I believe that it is a practical impossibility for anything to be done (see my post a few up) then it doesn´t really concern me.

If and when I get worried about it I will take even more action to protect myself.

[Schmiggy_JK23]

i for one, i dunno bout jibby, am not trying to convince to you be worried, or protect yourself... shit... i bet if it comes down to it... i have more way more value of copyrighted works to worry about.

I just think its amusing that everyone, not just you, as you have more grasp of it then most, think they are just gonna run along and never get any shit from anyone.

Yes, i agree, odds are 99.9999999% of filesharers out there will never get in a drop of trouble. look at the three kids at colleges that are in trouble right now, and verizon may very well have to hand over the info to incriminate them, though they are fighting it. The DOJ recently filed a report supporting the case agaisnt them, and its good odds that they will rule against them.

I bet they didnt think they would get in any trouble either, lord knows, many of us on here are sharing for more then them...

The protection i take? a firewall, and PG... thats about it... not even the privacy patch, as i dont want to seen as a leech. May i get in trouble someday? maybe... but id bet id get warnings first... then id go from there...

Its just that people shouldnt think they are invincible in all this, because we arent.

[RealitY]

Originally posted by JmiF@24 April 2003 - 08:13
For example one of the tests is proportionality. One would have to show to the courts that it was proportionate to obtain a search warrant, in order to establish whether or not someone was sharing files. Further they would have to prove this in the light of that file sharing being on a non-profit making basis.

Not true according to the DCMA.
Besides I do not think the issue is profit, once again,
your files at one end, and millions of users at the other,
defines distribution.

Well lets make it a simple chose...

(A)Piracy - (B)Privacy

Shall we take a poll?

[Xanex]

May i remind people of the link that i found relating to UK copyright law and in section 8: Acts that do not infringe copyright

Since this is UK law it can&#39;t be contrary to international law, and thus must be applicable to you.

&#39;Fair dealing’ is a term used to describe acts which are permitted to a certain degree (normally copies of parts of a work) without infringing copyright, these acts are; Private and research study purposes. Performance, copies or lending for educational purposes. Criticism and news reporting. Incidental inclusion. Copies and lending by librarians. Acts for the purposes of Royal Commissions, statutory enquiries, judicial proceedings and parliamentary purposes. Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as ‘time shifting’.

Producing a back up copy for personal use of a computer program.

Playing sound recording for a non profit making organisation, club or society. [Profit making organisations and individuals should obtain a licence from the Performing Rights Society.]

For an extreme example: If murder was not illgal in the US nor was it illgal internationally. if a UK citizen went over to america and killed someone, there is no way that the UK could procescute this person, nor could they extridite him/her.

Yet if the person returns to the UK they can be arrested for breach of the contract clause.

Things like human rights cant be overruled by Country/state law. Yet things like being able to smoke cannabis are, these things are down to the individual country, since its not against international law.

So ergo this exception about BACK-UP copying a computer program for personal use is also down to the individual country and so far its not illgal in this country, as some people put it good olde blighty, heh u&#39;ll be calling us limeys next LOL.

This copy law is one of those laws that cant be overturned, so IF its illgal internationally for this rule we (UK government) cant overturn it. So ergo it must be legal for you to do this. But IF its legal internationally, then im not sure if the country can overturn that rulling

*cough* *cough* it just might happen that you accidentally lose this copy and it winds up in ur mates house, lol

So if we are not breaking international law nor UK law, there is no way the riaa can prosecute me for making backup copys of my CD collection (going on the thing that audio cd&#39;s can be classified as "prog&#39;s" to a PC)

Xanex

[RealitY]

Backup is fine but...
Your files at one end, and millions of users at the other,
defines distribution.

[Xanex]

Aye that is true and hence breaks international law, If i where to share them.

So yes the riaa could sue my ass over it, but for them to get anywhere with it i would have to be some big pirate monkey who makes a shit load of money for them to do any thing, as a poor student they are going to get diddly squat from me.

[J'Pol]

Originally posted by REALITY+24 April 2003 - 09:28--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td>QUOTE (REALITY @ 24 April 2003 - 09:28)</td></tr><tr><td id='QUOTE'> <!--QuoteBegin--JmiF@24 April 2003 - 08:13
For example one of the tests is proportionality. One would have to show to the courts that it was proportionate to obtain a search warrant, in order to establish whether or not someone was sharing files. Further they would have to prove this in the light of that file sharing being on a non-profit making basis.

Not true according to the DCMA.
Besides I do not think the issue is profit, once again,
your files at one end, and millions of users at the other,
defines distribution.

Well lets make it a simple chose...

(A)Piracy - (B)Privacy

Shall we take a poll? [/b][/quote]
I really don´t care what DCMA says. The test for proportionality is based on what the ECHR says.

No prosecuting agency, in the UK would apply for warrant for non profit making file sharing.

They would have to be convinced that it was a criminal act, of sufficient seriousness to justify breaching the individuals right to privacy. In doing so they look at the likely sentence, if the person is found guilty of the crime, on a first offence. The likelihood of a non-profit making sharer being sentenced to prison, on a first offence is very low. Therefore it is not a serious arrestable offence. therefore no warrant.

It´s difficult enough for them to get warrants for people openly selling CDs of pirate software.

In Glasgow there is a shop called PC CD Rom. All it sells is pirate CD software. It advertises this in the windows. Games CDs with say 10 cracked games are 10 pounds. Software CDs, no matter what is on them, say 3,000 worth of software are 15 pounds. It is roughly 500 yards from the nearest main Police Station. It trades openly, but doesn´t keep any stock in the shop. People browse through binders and say what they want. Someone then goes out of the shop goes to a flat and brings the CD back.

I´m not worried about sharing. However I do take precautions. I use a NAT Router, Software Firewall, Per Guardian and my IP changes once a day.

[RealitY]

I am again not conserned about anyone getting a warrant but am concerned about getting denial of service.
Curious, I use all the same but how do you change your ip daily?
Let me know.

[clocker]

OK all you UK&#39;ers, you might have a point...

After monitoring all the threads about this subject over the past few days a thought came to me.

In the US the RIAA has filed a couple of very large suits against some individual filesharers.
Very useful for making a big media splash, but ultimately a waste of time
The RIAA has also brought increasing pressure to bear on ISP&#39;s.
Quite effective- Comcast knuckled under immediately and AOL appears to be caving- they achieve maximum effect with minimal effort. Almost in fact, making the ISP&#39;s do their dirty work for them.

So it seems to me that the RIAA/MPAA is not going to focus their attention on wee little fish such as ourselves because ultimately THEY DON&#39;T HAVE TO.They can force the ISP&#39;s to do it for them, most likely through the mechanism of "denial of service".
So your chances of going to gaol are probably very slight indeed.
As are your chances of continuing to enjoy this pirate&#39;s paradise.

Soon, I suspect, most of our downloading will be done in the loo.

[chloe_cc2002]

I am in Siberia and I was wondering whether any Lawyers out there or people who know about the way the law actually works too in practice, could tell me whether you think it is copyright infringement if I got my friend to scan some documents that they were released from the Police.

They say that the documents make no sense and paint some kind of picture of some kind.

They like music, and I thought since someone here might know, then I might ask just while I happen to be here and all.

The problem is they probably wouldn&#39;t know how to use comupters and they are way out paranoid too. They probably wouldn&#39;t know how to put their scanned documents in the right folder as their music folder.

Maybe if I could teach them how to put their scanned folders into the right folders they could become a kazaalite user too and then they could just listen to some music and mellow out. They think the SWATT team is going to come banging on their door soon.... and take their documents and them away for some other crime, not copyright.

I told them that there are other storage mediums and they seem to know about the other storage mediums but they seem to be hellbent on publishing these documents for some reason because they say they are banging their head against a brick wall trying to get Bureau-c-rats to listen to them, before they get locked up.

Now living in Siberia, I think this person has a serious persecution problem.

What was the question again?