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UK Has First Verdict in P2P Case

Posted by Zonk on from the it-doesn't-look-good dept.

An anonymous reader writes "Two British men have been found guilty of illegally sharing music via a P2P network. The BBC reports that their defense of 'Not knowing it was illegal' and that 'There was no evidence' did not hold water, and they have been ordered to pay the BPI 'between £1500 and £5000' - probably with double that again in costs. Theis isn't the first time the BPI has launched a case of this kind - but it is the first time the accused has tried to fight instead of stumping up the cash straight away. Three other verdicts are pending."

5 of 193 comments (clear)

  1. Evidence? by Kittyflipping · · Score: 5, Interesting

    How is this possible? Aren't they using the file names to determine infringement? What kind of 'evidence' is that? If I purposely renamed a bunch of legal files to look like copywritten mp3 and make them available on P2P am I liable for damages too?

    1. Re:Evidence? by OctoberSky · · Score: 5, Interesting

      Well you can break the law through "intent to break the law" only.

      For instance if you buy 1 pound of baking soda off a guy but he sells it to you as cocaine, that is illegal. If you take the baking soda and then (thinking it is cocaine) try and sell it to another individual as cocaine that is also illegal (you intended to sell an illegal drug). This is different from the sale of baking soda as cocaine (which is also a crime). I think that is sale of an imitation controlled substance.

      If you unknowingly downloaded false files (unknowingly because you thought they were real) and shared them on the network as the real files (maybe you never checked them when you initially got them) then you might be charged with illegal file trading (or what ever they were charged with) because you intended to trade files that are copyrighted.

      But in your case, where you knowingly make up fake files and pawn them off as real (for whatever reason) I don't think they can get you for that. But if John Doe takes them from you and does the above (trades them as real) he might be brought up on charges because he intended to break copyright laws.

      But I am not a Lawyer, I just play one on TV. And by play one on TV I mean I make shit up and post it on Slashdot.

  2. It's A Brave New World. by gasmonso · · Score: 4, Interesting

    "Ignorance is not a defense" That's a classic one. Seriously though... what if you played stupid like you don't even know what p2p is and stick to denying d/l. Of course they'll come back and say we have IP logs. But can't you use the "IP spoofing" or "I have a wireless router" idea? I would argue, ok if I stole this song... where is it? Show me that the one you apparently saw on my computer exists? A good defense could win the case I bet.

    http://religiousfreaks.com/
  3. Scary by voice_of_all_reason · · Score: 3, Interesting

    The first defendant, from King's Lynn, said the BPI had no direct evidence of infringement, but the judges dismissed this

    I'm no law scholar here, but doesn't the judge have to actually refuse any defendant's claim with some logical arguement instead of simply claiming "nah, I'm pretend I didn't hear that?"

  4. Re:Ignorance... by deviantphil · · Score: 3, Interesting
    See: http://en.wikipedia.org/wiki/Ignorantia_juris_non_ excusat

    Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for "ignorance of the law is no excuse") is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content; that is, persons have presumed knowledge of the law.