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Cameron's IP Advisor: Throw Persistent Copyright Infringers In Jail

An anonymous reader writes with this excerpt from TorrentFreak: "During a debate on the UK's Intellectual Property Bill, the Prime Minister's Intellectual Property Adviser has again called for a tougher approach to online file-sharing. In addition to recommending 'withdrawing Internet rights from lawbreakers,' Mike Weatherley MP significantly raised the bar by stating that the government must now consider 'some sort of custodial sentence for persistent offenders.' Google also got a bashing – again." The article goes on to say "Weatherley noted that the Bill does not currently match penalties for online infringement with those available to punish infringers in the physical world. The point was detailed by John Leech MP, who called for the maximum penalty for digital infringement to be increased to 10 years’ imprisonment instead of the current two years."

11 of 263 comments (clear)

  1. Ob frosty by Hognoxious · · Score: 5, Funny

    John Leech? I take he doesn't seed back, then?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    1. Re:Ob frosty by NotSanguine · · Score: 5, Informative

      He's my MP, but I'm afraid I can't report on his file-sharing habits.

      And to lend some context to his words, from TFA:

      “The discrepancy I mentioned is a source of great frustration. For example, the private prosecution by the Federation Against Copyright Theft of Anton Vickerman, who was making £50,000 a month from running a website [SurfTheChannel] that facilitated mass-scale copyright infringement, saw him convicted of conspiracy to defraud and sentenced to four years in prison,” Leech explained.

      “This level of sentence would not have been possible if he had been prosecuted under copyright law, but FACT was able to prove conspiracy in his actions. Without proof of conspiracy, a serious criminal could have been left subject to a disproportionately low maximum penalty.”

      In a way, I do agree with his point; those making that sort of money from infringement do need to be punished properly. However, it'll be all too easy to abuse this sort of measure, and end up with the disproportion going the other way.

      The crime here was fraud. The guy sold something he did not have the rights to sell. Kind of like someone selling your house without your knowledge. IANAL, but as I understand it, we have laws (as was seen in this case) that address these issues. Sending someone to prison for ten years (or at all) for downloading the latest episode of some crap TV show or movie for their personal use is ridiculous. That is and should be a civil matter, IMHO.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr
    2. Re:Ob frosty by Nerdfest · · Score: 5, Insightful

      No, he's still pretty much an asshole, but he was also the victim of some fairly serious abuse of process, involving governments across at least two continents. As with many laws, you have to defend people you don't like.

    3. Re:Ob frosty by DocGerbil100 · · Score: 5, Interesting

      Just to clarify, the crime Vickerman was prosecuted for is Conspiracy to Defraud, purely for running SurfTheChannel, a streaming links site.

      This is quite a different law from Fraud, it's vaguer and much more prone to abuse - it seems to be FACT's go-to law whenever they realise a suspect they've spent time and money investigating isn't breaking any actual laws.

      Without it, Vickerman would probably never have been prosecuted for anything, although civil action would have been likely, IMO.

      If some defendant somewhere ever gets an appeal up to the ECJ, I think it quite possible they'll shoot the law down in flames, just for being so badly written.

      More information:
      http://en.wikipedia.org/wiki/Conspiracy_to_defraud
      http://torrentfreak.com/surfthechannel-owner-sentenced-to-four-years-in-jail-120814/

  2. How about jail for copyright enforcers? by melikamp · · Score: 5, Funny

    UDHR article 19:

    Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

    Since enforcing copyright against people who share information online non-commercially is clearly a violation of a human right according to UDHR, to which UK is a signatory, how about throwing copyright enforcers in jail instead? How long is the public going to put up with this oppression?

  3. Re:Penalty Doesnt Match the Crime by gstoddart · · Score: 5, Insightful

    Is this guy a martyr or do we just chalk this up as another politician with crazy ideas that won't pass the majority test?

    You seem awfully confident it couldn't get passed into law.

    I'm less certain of that. The copyright owners and their lobbyists are working to chip away at our rights to make them secondary to theirs -- because they essentially want all digital technology to be controlled and used as they allow us.

    I fear this could be something which happens eventually. And I fear that they will be pushing this exact same agenda elsewhere.

    Case in point, the FBI gets called in because someone was wearing Google Glasses in a movie theater, even though he wasn't recording. And ICE and DHS do domain takedowns of places suspected of violating copyright (or facilitating it).

    Governments are increasingly becoming tools of corporations to enforce their wishes on us.

    So what you and I is becoming irrelevant, it's what the big corporations can pay for. And they have far more money than we do.

    --
    Lost at C:>. Found at C.
  4. How about applying copyright to corporations? by RichMan · · Score: 5, Interesting

    It seems to me when politicians or corporations misuse a photo or song they get off with a "opps". Yet they want to throw people in jail.
    Step #1 should be much steeper penalties to corporations and other functioning entities that should have proper procedures in place to avoid violations.

  5. Re:Wrong approach by serviscope_minor · · Score: 5, Insightful

    And add to that no DRM.

    Yeah they love the DRM for some reason I can't quite work out. But basically it makes the product crap. It's either "streaming" in which case you need a decent, wired internet connection (how's your 3G data usage doing...?) or it's locked to some device in some way which means playing it on a decent screen or another portable device will suck.

    The problem is not competing with "free" it's competing with "better".

    Of course, most people don't really know about DRM. But that doesn't matter because they are at least vaguely aware of the effects. The pirate bay is better because:
    * Excellent search engine.
    * Nice one stop place for all media.
    * Excellent choice in download clients (can prioitise, batch up, etc)
    * You can use your favourite media player.
    * You can play on any devices you own.
    * You can copy from your laptop to your phone, tablet, other laptop, builtin player in TV
    * You can transcode to a smaller file for your phone
    * You can shove it on a USB stick and go to a friend's house for movie night
    * You can play on any screen you own.
    * Generally good download speeds, excellent for popular stuff.
    * Generally a good choice of different size/quality
    * Available in your country right now.

    The fact that's is free is at worst icing and best actually a minor disincentive since a good number of people don't like the idea of being a freeloader.

    --
    SJW n. One who posts facts.
  6. Making money on infringement by WillAdams · · Score: 5, Insightful

    Is it possible to make lots of money from copyright infringement w/o breaking lots of other laws?

    If that's not the case, why do we need more?

    --
    Sphinx of black quartz, judge my vow.
  7. Re:rights by causality · · Score: 5, Informative

    So which is it: Do you oppose putting anybody in jail, or do you think freedom of movement isn't a fundamental right?

    Generally this is resolved by only depriving people of civil rights with due process (but the US government is increasingly finding ways around that pesky little detail...).

    Likewise, there is too much ignorance about the purpose of juries. The purpose of a jury is not merely to determine if the person transgressed a law. The purpose is also to determine if that law should be enforced. If I for one were ever on a jury and the accused is on trial for a nonviolent marijuana possession charge, I would acquit him or her even if I were certain that they did in fact do the deed, because I fundamentally believe that regulating the consciousness of adult people is beyond the scope of government.

    Jury nullification is an interesting read, though if you are familiar with it and make this known, you are not likely to be selected for a jury. This demand for mindlessly applying a set of rules with no judgment is a sure sign of a broken system.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  8. Re:rights by VortexCortex · · Score: 5, Insightful

    Now, consider that the citizens can withdraw the government's right to imprison them.

    Once you've done that enough times you'll soon see that freedom does exist in the absence of punishment or laws or 'rights', but laws do not exist without punishment -- application of force against another's will.

    In the natural lawless state we have the freedom to do whatever our moral compass allows. Not all laws are immoral, but history is full of examples. It's better to err on the side of caution and have as few laws as possible, and thus the most freedom.

    In the age of information Copyright is artificial scarcity of infinitely reproducible information -- It's propping up a business model akin to selling ice to Eskimos. There is no evidence that Copyrights are beneficial for society. It's terribly dangerous to run the world on untested hypotheses. We should do the experiment and see if the laws that grant 'rights holders' monopoly of information should exist. There is only evidence to support the null hypothesis: That copyrights and patents are not required for innovation or social benefit. The fashion and automotive industries sell primarily on design, are very profitable, and have no copyrights or design patents.

    Information is not scarce. Market that which is scarce: The ability to create new information. Sell the labour to create new information instead, and you'll get more art. If you get paid once for your work to build a home, fix a car, make a song, etc. then you have to do more work to make more money.