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    Sky Sign Up With BPI To Help Stop Piracy

    This is a discussion on Sky Sign Up With BPI To Help Stop Piracy within the Sky news and announcements forums, part of the SkyUser Announcements category; Entrapment is not valid in the UK afaik. As for Copyright theft, the person accused has to show that they ...

    1. #131
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      Entrapment is not valid in the UK afaik.

      As for Copyright theft, the person accused has to show that they didn't breach any Intellectual Theft, not the other way around. And it could literally cost thousands to clear your own name.

      Hence, why most people who receive a summons or notification would pay the associated damages. It's cheaper to pay that figure and then sign an undertaking not to do it again, then it is to defend it.


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    3. #132
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      But this then raises the argument,

      If innocent people are accused they then would be paying for those who are actually committing the crimes, because as you said it costs you thousands to clear your name, or you simply pay what they ask for and be done. Either way an innocent person ends up being out of pocket.

      It has also been mentioned that the cases that did make it to court and fines issued etc, the money didnt go to the artists but stayed with the record labels etc, which is wrong again surely?
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    4. #133
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      Quote Originally Posted by HSNetwork View Post
      But this then raises the argument,

      If innocent people are accused they then would be paying for those who are actually committing the crimes, because as you said it costs you thousands to clear your name, or you simply pay what they ask for and be done. Either way an innocent person ends up being out of pocket.
      It has to be at the stage of going to court though. If you just get a letter saying, 'You have been downloading this <insert Artist or Film title> and we are writing to advise you blah blah blah'

      Three things are going to happen;

      1) You know you are guilty, acknowledge and then take the hint not to do it again

      2) You know that you are not guilty and so would protest or make contact

      3) You will just ignore it, and hope that it will go away

      Number three is the worst case scenario, as if you are either 1) or 2) the message would be hammered home, or you would protest. Doing nothing is the worst thing you could do.

      It has also been mentioned that the cases that did make it to court and fines issued etc, the money didnt go to the artists but stayed with the record labels etc, which is wrong again surely?
      The only reason the Solicitors won was because of 3) above. No one defended themselves.

      I don't think anyone is going to get a letter unless, the name of the file has been checked, as in it was offered for download on a torrent by the BPI or agent and then IPs would be recorded as well as dates and times. And then they would have the proof that would be acceptable in court.


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    5. #134
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      ah but there is the problem. If a person is innocent then why should that person, given our hectic day to day goings on, take time to contact them over something that that person has not done?

      I know I know, im reading too much into it and perhaps taking worst case, but its the principle. Then you mentioned checking file names etc. But then how could this be done across the board without having something in place (eg DPI)?

      Yes suggestions or points that have been made sound plausable, but then they stumble on other points. Im simply thinking outside the given box.
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    6. #135
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      ah but there is the problem. If a person is innocent then why should that person, given our hectic day to day goings on, take time to contact them over something that that person has not done?
      If you know you are innocent, you will find the time to tell Sky, or any other ISP. There is no point in threatening to take someone to court unless the proof is there.

      As for having an unsecure router, and someone else using it, that would be up to a court to decide if a good enough defence. Like I said previously though, if you are adamant and know full well you ain't guilty, then the BPI would be foolish to take it to court.

      I would bet though a good few people will just do 3) and by that time, it would be too late.


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    7. #136
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      Some questions - to ponder about!

      So you get a letter saying that you have downloaded a music track! What do you do, well I would go out and purchase a CD with that track on, then say - I always download a backup rather then use the original, so as to not damage the disk!?

      Next bit, for the BPI to see what torrents I was downloading, they would also have to be downloading them, and thus sharing the data with me!

      Next if the BPI rearly want to stop Torrent files, why or why can they be found on google and other search software? - We all know google can block content (china!) so why not just block all references to torrent?

      Next - my router happends to have a wireless connection as well as fixed wire. I use the fixed to goto the two pc's I have in my house, and the wirlesss to go to my Wii, how will the BPI prove it was me downloading, and not someone else using my wireless access point - without me saying they could?

      Before there were torrents, they were other methods of sharing files, they got closed down, and people moved to the torrent network, all this will do is send people in another direction that is even harder to stop.

    8. #137
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      To try to answer your questions -
      1. Under UK Law it is illegal to make backups of any copyright material, unlike USA where this is permissible, unless this right is specifically allowed by the holder.
      2. If they are the owners, or acting for the owners of the material, it would possibly be quite legal for them to share it, but not so others who were uploading/downloading.
      3. Torrents, as you are aware, are used for legal as well as illegal activities. Likewise the protocols used in P2P have several legal uses. It would be almost impossible for Google or any other search engine to differentiate between legal and not.
      4. As the owner of the wireless connection it is your legal duty to ensure that it is not used for illegal purposes. If you run an unsecured wireless connection you are risking not only a few pounds fine for downloading music/films, but several years in jail for downloading terrorist and kiddy porn material. The excuse that someone else did it, is unlikely to cut any ice.

      TomD


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    9. #138
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      nothing will stop illegal downloading. its like an virus but too late. its flooded rapidshare, megaupload, torrents, and many more file sharing and p2p servers.
      not bad for max, my phone line can only take 8mb.

    10. #139
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      Quote Originally Posted by momorris View Post
      Just to clear a few points here

      An earlier post mentioned that the suits would need to put up a torrent and allow people to download it to get the ip's and mentioned entrapment. Entrapment is NOT an available defence under UK law.

      Secondly all this i wanted to make a back up is not a defence either as under UK copyright laws you only own the right to the material that you purchased. You buy a cd and then want an mp 3 copy, legally you need to buy an mp3 copy. Making a back up is illegal. This is slightly different from the US where making a back up is actually allowed.
      Scottish law is slightly different, Browns v. HMA stated that entrapment will occur when law enforcement officials cause an offence to be committed which would not have occurred had it not been for their involvement.

    11. #140
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      Re: Sky Sign Up With BPI To Help Stop Piracy

      I've had the same letter, what a ballache. How they work is they can track torrents and take registers of the IP addresses connected to a torrent or other fileshare (gnutella etc.). They then send their list of IP addresses to the ISP's, who then are forced by law to send you a letter. If you carry on, they can prosecute, stop your internet etc. Virgin are the worst for it in my experience, but most of the big isp's do it now.

      I tried all sorts of stuff, i'm under contract to my ISP, but the proxy sites that are free basically dont support filesharing or anything else thats fun. Eventually i found a program which sorts it out. It runs in the background and hides your isp through their servers. Its not free, but i don't think any real proxy service is. Works great, just under 20 quid.

      Link
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