Aussies Face Jail Over MP3s
An anonymous reader writes "Two Australian students have been charged over music piracy offences, according to this story on Australian IT. It's short on details, but presumably they weren't running a P2P network. The maximum penalties for breaching copyright under Australian law is 5 years jail."
It's funny how officials think they should give a few people the maximum sentence to 'act as a deterrent'. That's like saying we should kill 10 jaywalkers a year randomly, and when we do we'll paste their pictures all over the TV, with remorseful family shots, etc. Jaywalking? This is what it gets you!
"'Yrch!' said Legolas, falling into his own tongue."
http://www.smh.com.au/articles/2003/04/24/10507773 42470.html
http://news.com.com/2100-1027-998132.html
Perhaps I'm missing something here but how does this differ from a story with the headline:
Liquor Store Robbers Face Possible Jail Term
Yes you are missing something.
It is common place for robbers to be sent to jail. However, this is new. Australian teens facing jail for mp3s related crimes is ground breaking.
Your missing something else. You fail to take into account the spirit of the law. In most countries, when a law is applied, not only is the letter of the law considered but the spirit as well. Was it this law's intention to target and prosecute small infractions (such as teens trading mp3s or people recording radio shows and sharing them with friends)?
Additionally, there is the matter of public policy. In many cases public policy out weighs the techinical implications of the law. Generally it is against public policy to enforce a law that would deem a large percentage of the population criminals.
You must realise that the law is not a set of rules that can be executed like a computer program. The law is open to interpertation by reasonable minds. Simply applied to the letter, the law (in any country), would land most of us in jail.