News Government begins major piracy crackdown

Discussion in 'Article Discussion' started by Gareth Halfacree, 20 Jul 2015.

  1. liratheal

    liratheal Sharing is Caring

    Joined:
    20 Nov 2005
    Posts:
    12,433
    Likes Received:
    1,649
    Established entities don't understand how IT works. Try to ban it with draconian rules.

    This is.. Not really surprising. And never going to change.

    I'm starting to wonder whether, really, we need to rise up as a people and burn the existing system down, it doesn't seem to be liked by anyone with less than ~10m in their bank account.
     
  2. Zygersaf

    Zygersaf What's a Dremel?

    Joined:
    19 Jan 2012
    Posts:
    12
    Likes Received:
    0
    Yeah, but if you then rip the CD you stole you will do 17 I guess. ;)
     
  3. Yadda

    Yadda Minimodder

    Joined:
    25 Jul 2003
    Posts:
    3,217
    Likes Received:
    49
    But this is the crux of the matter - differentiating between the act of piracy and the large scale distribution of pirated goods.

    The "10 year sentence" seems to be heavily focussed on the latter rather than the former (and rightly so IMO).
     
  4. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

    Joined:
    4 Dec 2007
    Posts:
    14,899
    Likes Received:
    3,670
    I think we disagree only in our optimism: you're quite rightly saying that the proposed ten-year maximum sentence is rightly focused on those who perform large-scale piracy, and I'm agreeing; I'm simply adding that the surveillance laws were rightly focused on terrorists, and quickly became abused to apply to anyone the government wanted to keep tabs on - right down to the level of councils using it to spy on people for bin-related 'offences' or delivering pizzas without a licence.

    Basically, you have a lot more faith in the government sticking to its focus than I!
     
  5. Yadda

    Yadda Minimodder

    Joined:
    25 Jul 2003
    Posts:
    3,217
    Likes Received:
    49
    Believe me, I'll be first in line to kick them in the nuts if they stray. :)
     
  6. DraigUK

    DraigUK Minimodder

    Joined:
    9 Apr 2009
    Posts:
    274
    Likes Received:
    5
    Just another storm in a teacup soundbite for the courts and the goverment to be able to pretend they actually give a flying **** about any of it when the idiot music industry lobbies them.

    No one will get done for ripping a CD onto MP3 for their own use, no matter what they put into law. They changed the law in 2014 to makeit ok to do so, because it was being done to such a vast extent and was unenforcable.

    So now it is being changed back.

    Meh, people have been doing this for years and will continue to do so.

    Carry on, nothing to see here chaps.
     
  7. David

    David μoʍ ɼouმ qᴉq λon ƨbԍuq ϝʁλᴉuმ ϝo ʁԍɑq ϝμᴉƨ

    Joined:
    7 Apr 2009
    Posts:
    15,514
    Likes Received:
    3,734
    Look guys, just stick to armed robbery and buy the extra copies of your albums with the proceeds!

    You'll probably do less time if you're caught.

    Seriously though, this will devolve into a comsumer witch hunt and see the rise of another ACS:Law-type debacle.
     
  8. John_T

    John_T Minimodder

    Joined:
    3 Aug 2009
    Posts:
    532
    Likes Received:
    21
    Maybe, maybe not - but that's not really the point is it.

    I don't like the fact that people allow their cats to wander around crapping in other peoples gardens, but I don't get to successfully lobby the government to change the law to make it a criminal offence with a 10 year jail sentence.

    People saying it's about the 'hardcore, criminal gangs' making money out of it - it probably is - but the government could have easily worded the law to focus on those people, the point is that they haven't. The reason they haven't is, at best, a sloppy oversight, or, at worst, done on purpose so that they have those powers in reserve if they ever want to exercise them.

    Who's to say the law couldn't be used as an easy weapon of choice to threaten people in totally unrelated matters?

    Why create a law if you never intend to use it?
     
  9. Krazeh

    Krazeh Minimodder

    Joined:
    12 Aug 2003
    Posts:
    2,120
    Likes Received:
    56
    Has anyone actually read the consultation document before getting all indignant? It doesn't seem the government are proposing to create new criminal offences or alter the scope of existing ones, they're simply asking if the maximum possible custodial sentence should be increased from its current level to 10 years.



    Ripping a CD for your own use has never, afaik, been a criminal offence and is a civil matter. I don't see anything that will change this or put anyone doing that at risk of a custodial sentence.
     
  10. Corky42

    Corky42 Where's walle?

    Joined:
    30 Oct 2012
    Posts:
    9,648
    Likes Received:
    386
    I haven't read the PDF so may have it wrong, but is the law making them separate issues? Is it specifically laying out that they're different.

    It's all nice and trusting to say well it's just not going to happen because we're all sensible people, but the problem comes when or if a non-sensible person takes power, the idea of laws are to put restrictions on the unforeseeable, to prevent possibly less benign powers from abusing the system for their own good.
     
  11. Yadda

    Yadda Minimodder

    Joined:
    25 Jul 2003
    Posts:
    3,217
    Likes Received:
    49
    Read the consultation document. All it asks is:

    "Should the maximum custodial sentence available for online and offline copyright infringement of equal seriousness be harmonised at 10 years?"

    Nothing more. :)
     
  12. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

    Joined:
    4 Dec 2007
    Posts:
    14,899
    Likes Received:
    3,670
    Not so: it was (and is again) a criminal offence under the Copyright, Designs and Patents Act 1988. As mentioned upthread, however, it's impossible to police - but just because it is not routinely enforced does not make it not a criminal offence.
     
  13. Krazeh

    Krazeh Minimodder

    Joined:
    12 Aug 2003
    Posts:
    2,120
    Likes Received:
    56
    Under what section of the Act is it a criminal offence? I'm happy to be proven wrong but I'm pretty confident there's no offence under the Copyright, Designs and Patents Act 1988 that would enable the prosecution of an individual who'd done nothing more than rip copies of their legally purchased CDs/DVDs etc.
     
    Last edited: 20 Jul 2015
  14. Nexxo

    Nexxo * Prefab Sprout – The King of Rock 'n' Roll

    Joined:
    23 Oct 2001
    Posts:
    34,540
    Likes Received:
    1,932
    I think this is one of those 'just in case' laws. Say the government wants to have some, shall we say, leverage on its citizens. Say a few of them are causing problems exercising their freedom of speech or protesting against some political cause. Haul them in, check their iPhone and oh, dear, look at all those tracks they ripped from their home CD collection! That could cost them ten years in the chokey! Unless, of course, they decide to go home and be less vocal in the future about their civil rights...

    The best way for a government to control its people is to make ordinary daily life acts illegal. Unenforceable on a large scale, sure, but then again it's not meant for that. It's just arm twisting material in case a citizen is causing trouble...
     
  15. Stanley Tweedle

    Stanley Tweedle NO VR NO PLAY

    Joined:
    3 Apr 2013
    Posts:
    1,629
    Likes Received:
    28
    Meanwhile hit and running over a small child generally gets you less than 5 years.
     
  16. Krazeh

    Krazeh Minimodder

    Joined:
    12 Aug 2003
    Posts:
    2,120
    Likes Received:
    56
    Except that's not what's happening here. The consultation isn't considering altering any of the pre-existing criminal offences, simply asking whether the maximum possible custodial sentence should be brought in line with that for 'offline' copyright infringement. They'd be no more able to threaten you with a ten year stint at Her Majesty's pleasure for ripping your own CDs to MP3s than they can threaten you with two years now (which they can't).
     
  17. Yadda

    Yadda Minimodder

    Joined:
    25 Jul 2003
    Posts:
    3,217
    Likes Received:
    49
    But last October the government made it LEGAL to copy stuff you already own. It's only changing back because their ruling was challenged by BASCA, The Musicians Union and UK Music.

    How does that fit with your theory?
     
    Last edited: 20 Jul 2015
  18. Locknload

    Locknload Jolly Good Egg

    Joined:
    28 Jun 2009
    Posts:
    241
    Likes Received:
    24
    A brown envelope stuffed with Greenbacks is thrown into the air, Big Dave (or an entrusted minion) at the annual "MP shower" jumps the highest and in return, some act of legal fudgery ensues.

    I bought the CD, I genuinely think I own the CD, I haven't (to my recollection), rented it in ANY sense of the wording. I will be copying it to death on numerous devices and playing it to my hearts content, i will then sell it at a loss, and obviously delete the item from my playlist on all 6 devices forever.......laugh my complete backside off!
    Get real.
     
  19. Nexxo

    Nexxo * Prefab Sprout – The King of Rock 'n' Roll

    Joined:
    23 Oct 2001
    Posts:
    34,540
    Likes Received:
    1,932
    Oh yeah? :worried: Well... you smell! :p

    OK, it's not a deliberate setup, it's just a case of Big Money Wins. But that doesn't mean that it can't be abused that way. Although arguably they have plenty of anti-terrorist laws they can resort to.
     
  20. Yadda

    Yadda Minimodder

    Joined:
    25 Jul 2003
    Posts:
    3,217
    Likes Received:
    49
    :hehe:

    Nexxo, your cynicism knows no bounds. :D
     

Share This Page