File sharers

Dolph · 3 Aug 2009 at 16:46

Mr-White said:
If he fails in his appeal he will file for bankruptcy, so nobody wins. complete waste of time tbh

MW

You cannot discharge debts for fines or damages by bankruptcy if they are determined to result from willful or malicious activities against person or property

So if he files for bankruptcy, the RIAA can make the case to the court that his debt to them should not be discharged as part of the process due to the nature of the case that incurred them.

But this is the man who employed the worst lawyer in US court history...

Participant · 3 Aug 2009 at 16:46

I'm interested in this. Can people on a wireless network not just claim ignorance or that 'someone else must have done it m'lud'? Surely there's no legal obligation to protect or secure your wireless network as otherwise thousands of old people / non-techies are breaking the law? I guess that to prove that this chap downloaded the files, they must have seized his hardware and analysed it?

Dolph · 3 Aug 2009 at 16:48

Robbie G said:
I'm interested in this. Can people on a wireless network not just claim ignorance or that 'someone else must have done it m'lud'? Surely there's no legal obligation to protect or secure your wireless network as otherwise thousands of old people / non-techies are breaking the law?

Completely irrelevant to the two cases that have gone to court, so it's impossible to say for sure. However most ToS for ISPs affirm that the user is responsible for security and usage of the connection.

Most ISP supplied wireless routers come with security active as default anyway.

Raumarik · 3 Aug 2009 at 16:50

There's no legal obligation to secure it but anything done using it comes back to the person who's paying the bill. Ignorance isn't an excuse.

Mr-White · 3 Aug 2009 at 21:41

If it was me and I knew all my salary would go towards a fine I'd have no reason to work.

MW

Sash · 3 Aug 2009 at 21:45

Mr-White said:
If it was me and I knew all my salary would go towards a fine I'd have no reason to work.

MW

Lose job, claim benefits, taxpayers pay.

Begbie · 3 Aug 2009 at 22:18

This is why clever people do not use p2p.

Mr-White · 3 Aug 2009 at 22:26

Begbie said:
This is why clever people do not use p2p.

or anyone with something to loose

MW

Walkerie · 3 Aug 2009 at 22:27

so have any of these people who owe money paid any back yet?

Mr-White · 3 Aug 2009 at 22:30

WalkeruK said:
so have any of these people who owe money paid any back yet?

I doubt the the women who got fined $1.92m will pay it all back. Depending on how many years she has to pay it back could be between $3-4k a month lol

MW

gbradders123 · 4 Aug 2009 at 02:42

they have changed tactics stopped the huge fines now, just completing the cases they have already started.

all small sums settled out of court.

Ascendancy · 4 Aug 2009 at 02:51

Lolkazaa.

BigglesPiP · 4 Aug 2009 at 03:19

Efour2 said:
Every single thing you do your ISP can log - so next time you are downloading porn , be careful, they are watching you.

Wrong.

They cannot see what you don on a VPN, they cannot see inside SSL and other secure connections, only where they go, which the VPN is immune to.

Amp34 · 4 Aug 2009 at 03:19

Just remember however that those living in the UK don't have to worry about those huge fines. US court can pretty much fine as much as they want, whereas UK courts only allow fines to the value of that lost, which means if they state you uploaded a track 10 times you would probably only get fined a few tens of pounds...

(Which is partly whey you never really hear much about fines in the UK...)