Being Sued by Atari/Davenport !

Athanor said:
No arguement there then. As with anything it's down to the prosecution to prove guilt beyond reaosnable doubt. Of course if cases ever reached court without the required level of proof they should be thrown out and the prosecution carry the costs.
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you cant expect any judge to understand it all they will just side with the bigname company vs average joe
 
Berserker said:
That's not the point though, is it? With the likes of Davenport Lyons throwing their weight around, a lot of people will settle just to avoid the hassle. These things rarely get as far as a courtroom.
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TBH no matter how strong armed the letters may be, I've not seen any evidence of lots of innocent people settling out of court to avoid the hassle. And if you're guilty then i'm sorry but tough - shoudn't have done it then should you. Playing the victim doesn't have much credability away from internet forums.
 
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arknor said:
you cant expect any judge to understand it all they will just side with the bigname company vs average joe
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Sorry, I fundamentally don't believe that. Besides which judges have expert technical advisers where needed.

Are you talking about innocent people that have been prosecuted in court for P2P piracy and later found innocent (source?) Or are you talking about pirates that have ripped off other people work trying to find loopholes to try and get away with it?
 
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Athanor said:
TBH no matter how strong armed the letters may be, I've not seen any evidence of lots of innocent people settling out of court to avoid the hassle.
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Didn't say there were. Certainly haven't seen evidence of that in this thread. But this does demonstrate that it could happen. I wouldn't rule out someone trying it if they thought they could somehow reap the rewards.
 
ste_bla said:
Is breaking copyright law crinimal or just civil?
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Hacking etc. is criminal. Computer miss-use act.

If the computer missuse act classes "downloading" illegal material as missuse then is criminal!


Law in this country is soft however, people kill and get away with fines of 2000 quid!
 
Athanor said:
Sorry, I fundamentally don't believe that. Besides which judges have expert technical advisers where needed.
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Didn't the American judge order a torrent site to hand over all the data they had in their servers RAM, from when the investigation started or they would be in contempt or something.

Never found out how theat ended I'd laugh if they just handed over the RAM sticks :p
 
Athanor said:
Sorry, I fundamentally don't believe that. Besides which judges have expert technical advisers where needed.

Are you talking about innocent people that have been prosecuted in court for P2P piracy and later found innocent (source?) Or are you talking about pirates that have ripped off other people work trying to find loopholes to try and get away with it?
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Experts can be summoned by the judge to explain the techincals any time. However, the current generation of judges are all analog and do not bother with "tech" cases. Also the precedences are sparse to make a case :p

After a few years when the courts and the law goes "digital" as well, then we will start seeing people getting a few years for hacking web sites for credit card details and "stealing" video games off "digital shelfs".
 
Hacking etc. is criminal. Computer miss-use act.

If the computer missuse act classes "downloading" illegal material as missuse then is criminal!


Law in this country is soft however, people kill and get away with fines of 2000 quid!
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Copyright infringement, which is the distribution of copyrighted work without permission, is a civil offence (just like calling people who download 'thieves' is ;)). Uploading certainly makes you liable, but i am not sure about downloading. i think if you sell the copyrighted work for profit it becomes a criminal offence. The computer misuse act doesn't say anything about downloading copyrighted material.
 
Like we were told in the 80's:
home_taping_is_killing_music.jpg

:D
 
have you seen the latest ad? A wierd singing one, all the people in the office start singing, calling this guy a food theif or something, and then right at the end it mentions that he downloads knock off films.
 
yeah the knock off nigel, the odd thing is they expect people to mock pirates, yet you always have people coming to you to get films et for them :D
 
haha knock off nigel i always laugh my ass of when i see that, cmon what hell are they trying to do.

provide comedy to any one that downloads of the internet? :)
 
...it's like when they talk about pirating films on daytime telly shows like Richard & Judy, Kilroy and Pebble Mill at One (dunno if any of these shows are still on telly, as I work during the daytime), they show the worst copies of films I've ever seen, and suggest that this is normal quality for downloaded movies. Nobpdy watches a cam release, and they don't all have people walking in front of the screen or talking over the soundtrack.

They really need to learn to steer clear of the badly produced stuff and only download the high quality releases :D
 
Athanor said:
What if you leave your machine seeding and uploading after you've downloaded it yourself? Granted the prosecution would have to prove that you'd done that but to automatically assume the most you could upload is 2Gb is you download 2Gb seems a bit of a leap.
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You might only upload half a gig of it, given that most people can download far faster than they can upload. You might upload 100GB of it, eventually, but few people would. I was using 2GB as an example, on the "I've got it all now, but I don't want to be a leech" principle that's fairly common amongst P2Pers.

Overall, the total uploaded for a file will of course be equal to the total downloaded. So I think it's a reasonable example.

EDIT: In any case, my point stands - companies are seeking punitive fines and profit for themselves, not payment for loss of revenue.
 
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