UK Government Proposes 10-Year Copyright Infringement Jail Term
An anonymous reader writes: According to a BBC report, the UK government is proposing increasing the jail term for copyright infringement from the current two years to 10 years, which they say would "act as a significant deterrent." "The proposed measures are mainly targeted at the distributors of pirated content — the people creating copies of movies, sometimes before release, and uploading them to be downloaded by thousands upon thousands."
Another reader notes a related court ruling in the UK which has once again made it illegal to rip lawfully-acquired CDs and DVDs for personal use. "A judge ruled that the government was wrong legally when it decided not to introduce a compensation scheme for songwriters, musicians, and other rights holders who face losses as a result of their copyright being infringed."
These jail terms are higher than an armed assault theft, or murder...
All this indicates excessive lobbying or even corruption.
It's awesome that a judge apparently created a new crime because he deicided that the legislature was wrong.
What part of "shall not be infringed" is so hard to understand?
10 years? You can rape and/or kill someone and not get that much time. Pure insanity.
Just cruising through this digital world at 33 1/3 rpm...
I certainly hope the UK does not go down this road. It is like making manufacturing refrigerators illegal because it leaves ice sellers out of a job. This is retrograde. The industry should just start to accept that the Internet means copying things, and that is good. Ten years in jail for putting a film online? The UK is copying the bad things from the USA.
These are all UK crimes with 10 year penalties:
Burglary with intent to inflict GBH on a person or do unlawful damage to a building or anything in it (non-dwelling)
Possession of firearm with intent to cause fear of violence
Possessing or distributing prohibited weapon or ammunition (5 year minimum sentence)
Riot
Making threats to kill
Administering poison etc. so as to endanger life
Cruelty to persons under 16
Indecent assault
Engaging in sexual activity in the presence of a child
Causing a child to watch a sexual act
Meeting child following sexual grooming
Indecency with children under 14
Taking, having etc. indecent photographs of children
Committing offence with intent to commit sexual offence
Trespass with intent to commit sexual offence
Burglary with intent to commit rape (non-dwelling)
Assault with intent to commit buggery
Causing a person to engage in sexual activity without consent
Engaging in sexual activity in the presence of a person with a mental disorder impeding choice
Causing a person with a mental disorder impeding choice to watch a sexual act
Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder
Care workers: sexual activity with a person with a mental disorder
Care workers: inciting person with mental disorder to engage in sexual act
I'm sure we can all agree that these are comparable to someone sharing a song.
As someone who lives in the UK, I think more people need to be aware of Jury nullification.
For those of you who don't know what it is, if you're ever on a trial for a victimless crime (for example, this) and the evidence clearly indicates that the person is guilty of a "crime," but you find the law unjust or wrongly applied, you can disagree with it when making your vote.
This is because you cannot be punished for the vote you make as a juror. This is why the entire concept of jury nullification exists to begin with.
Juries have more power than Judges, Magistrates and the prosecution would like them to know about.
From now on, if you want songs or games and you can't afford it, get a club, crack some skulls and grab a few wallets, then buy the songs you want with the money you just stole.
If you get caught, you'll be doing much less time.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Looks like I'll have to uninstall iTunes immediately...
want to make everything you do a crime if you aren't paying them money.
1) Your stats are bollocks.
https://en.wikipedia.org/wiki/...
The UK is 100th based on incarceration rates. US is #2. Some tiny British colonies in the middle of nowhere are higher than the UK but nowhere near the US. Technically only the Seychelles is worse, but that's because the only fair measure is incarceration per population, and they have a tiny population.
2) "Most censored"? Bollocks. Please go look at some proper British broadcasting. We have shows that only exist to take the piss out of politicians, in doing so risk libel suits almost every time, and yet it's shown on prime time by the BBC themselves. The same shows that basically made a mockery of "super-injunctions" live on air for several entire episodes and regularly take the piss out of the BBC themselves. Fuck getting away with that in China or Korea or even the US.
3) Your "actual" imprisonment figures? Probably about right. But murder won't see you out in 5 at all. Nearer 10. Think half the prison sentence if you're a good boy, and murder carries higher prison sentences than firearms offences alone. However, don't forget that many "murder" charges are the same incident that results in a separate firerarms charge too. (P.S. It's called rehabilitation. A significant portion of US income comes from prison work, however. We don't have that shit. You're in prison to rehabilitate... if you don't, 10 years is 10 years. If you make the effort to, yes, you can be out in less if you keep your nose clean).
4) The UK does not allow firearms in private hands without a licence, so our firearms laws are MUCH stricter. Which results in significantly reduced instances of firearms offences and deaths.
5) Humans Rights Act / holding cells? Then sue if the cells are not lawful. Where's the legal definition of a holding cell is and where it's banned? It's not hard to find a lawyer willing to take on such cases. The fact that it's not really happened means it's bollocks.
6) Maggie Thatcher? Fucking really? I wasn't born on the day she came into power, yet I'm middle-aged. Give it fucking up already. You're talking about things over 35 years ago. Back then Jimmy Saville was hosting prime-time TV and Jim Davidson was still considered funny.
The rest? It's opinion and you're entitled to it. But making up bollocks that's one Google away from being revealed as a lie, and dragging out Maggie fucking Thatcher destroys your credibility, which is why no-one listens, cares or understands you.
The fucking US has more censored TV. They don't even show other Olympians winning when you they show the Olympics. They have more backwards firearms laws, and much worse incarceration conditions and rates, not to mention that shit going on at the moment with officers shooting beating people for no reason whatsoever.
If you think the UK is bad, please fuck off out of it (if you're in it).
The other side of it is the challenge in calculating how much financial damage is done to a copyright holder when unlicensed copies of their work are distributed and 'consumed'.
There are still other "other sides" of it. Most posters are focusing on when individuals infringe on corporate productions. Big groups steal images from small-time photographers and artists all the time, usually without consequence.
Clickbait sites are notorious for stealing images and are among the worst infringers. Does this mean when an image goes viral and is used in a corporate blog, or when a photo gets used in a clickbait site like buzzfeed, the government prosecutors will be going after the corporations for criminal copyright infringement?
Even mostly-reputable groups like Forbes is notorious for lifting images online without permission. Images from Wikipedia get cited as "From Wikipedia" without regard to the license or the actual photographer. Images get lifted from personal web sites with or without attribution, but rarely with permission. Will the editors at Forbes UK office be imprisoned for their copyright infringements?
Yeah, didn't think so.
Unless these same laws are used to prosecute corporations and corporate officers when they also commit the crimes, it's just a tool to beat down the common citizen.
//TODO: Think of witty sig statement
Perhaps the government -- ours, the UK, whomever -- ought not to consider over-punishing someone for a minor infraction in order to deter others.
It seems to me that this is the real flaw in the entire mindset at work here.
Does society want to deter people from breaking a law? Sure. And yes, I agree, individuals violating copyright on a "I copied this work to use for myself" level is antisocial (but less so than spitting on the sidewalk is -- IOW, "meh.")
But do we want impose draconian and absurd punishments on peaceful and almost entirely harmless people?
Fuck. No. Because that's obviously unfair and unreasonable -- and stupid.
I'll go even further: A reasonable punishment is making the infringer pay twice what it would have cost them to pursue the legitimate path. For instance, you copy a CD that retails for $19.95, you get fined $39.40 which goes to the injured party, plus court and enforcement costs. Etc. And then you get after enforcing it, so that copyright violation becomes a no-win situation. So it would hurt, but it wouldn't generally wreck your life, your family's life, and screw up anything else that depends on your input, presence, or support.
People do this not because they are evil, but because (a) they are cheap, (b) the abstraction that someone actually put some valuable time into the work is too abstract for them to grasp, and (c) it is actually easier than purchasing the work.
We can't fix (c) because technology. It's only getting easier. I suspect it's likely to continue doing so, too.
We can't fix (b) because people grasp their rationalizations like a life ring in a storm-tossed ocean regardless of how close the shore is. Even really smart people. I refer, of course, to the idiotic but seductive "information wants to be free" meme. Information is held in people's heads unless they want to take it out of their heads, and a tangible reward is an excellent motivator to encourage them to do so. Doesn't mean you can't make free stuff; it just means that we'd like to tangibly reward those who want to do these kinds of things as a life pursuit -- or even you, doing it as a hobby, if you'd like to exchange your work for some reward of a more factual nature than "makes me feel good" and/or the cliched and mostly worthless "5 minutes of fame", if that's how you'd like to roll.
But we can sure as hell leverage (a) reasonably -- which is a damn sight better than trying to scare people by the equivalent of beating the shite out of someone for simply looking at you wrong.
Fucking lawyers and bureaucrats. There are days when I think they all need to be made to go home. System needs a reset.
I've fallen off your lawn, and I can't get up.
Capital punishment is a significant deterrent, with a guarantee of no repeats!
Both the US and UK use districting systems, which means that in many areas the outcome of the election is almost a foregone conclusion - if you live there, the chance of your vote actually affecting anything is so slim as to be for all practical purposes zero. It's only if you live in a borderline area - what the US calls a swing state, and the UK a marginal constituency - that your vote has any chance of mattering at all.
A lot of people seem to be flipping out over this without understanding that 10 years is the maximum sentence. 10 years for ripping a DVD? No, that's not going to happen. 10 years for flogging a few knock-off DVDs at the local street market? No, that's not going to happen either.
10 years for getting hold of studio-quality raw data and selling access to it for £5 each to thousands of people, which eventually floods the market and ruins a studio's sales? That might get you on your way.
systemd is Roko's Basilisk.
I disagree that copying is antisocial. Copying is a natural right, and has a long history. It is only our current customs that push the idea that copying is harmful, and attempt to regulate it and restrict it by fiat. I agree that artists deserve some kind of compensation. Artists can be compensated in other ways. It is not necessary to try to clamp down on all copying for purposes of imposing a toll that ideally is used, in part, to pay artists. It's actually bad to restrict copying. Might as well argue that children should not receive the fruits of knowledge that our civilizations have produced over the millennia, without paying for the "privilege". Just because something is valuable doesn't mean it should be hoarded, and denied to the poor, most especially when the thing in question is not scarce, To allow, and worse, aid a few privileged, moralizing, greedy leeches to perpetuate a wholly artificial imposition of scarcity for what they claim is the good of artists and us all, but which claim is simply not true, is evil.
As to the other ways to compensate artists, there is patronage. Patronage has worked for centuries, and now, with modern technology we can do it so much better. We can crowdfund, which was impractical until very recently.
Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
I don't know where you are, but in the US, the constitution, the very document that authorizes the government, specifically opens the door to copyright or something with its essential functionality:
Exclusive rights. That's clear, right? "limited Times" is also clear, but note that it is completely open-ended, so they can do (and have done) whatever they want with the terms of exclusivity. I would completely agree that the present terms are too long, but I would not agree that congress was out of line to try these longer terms out.
So the "fiat" you refer to here is not very arbitrary, if that's how you meant it. If you just meant "by decree", yes, that's what laws are. This is, however, explicitly an authorized act (and I have to say, given the other things congress and the courts get up to, it's sort of a relief to actually be able to say that.)
You can offer public civil disobedience if you feel the approach congress took is wrong; that is a very hard path, however. Jail sucks. Fines suck (and huge fines suck more.) Court sucks. Lawyers suck like a 120 VAC vacuum cleaner powered with 220 vac. Having everyone with a stake in the current mindset turn against you sucks. But... there is great honor in it, IMHO.
You can publicly advocate for your views, explaining your position and trying to win a sufficient number of people and organizations over such that you can pressure congress directly (good luck... not personally tough, but task-wise, still tough.) I should mention just as an aside that your short exposition above has not convinced me at all, and I *really* don't like our current system, so seems like it needs work. Arguing "used to be this way" is bankrupt. You need to argue "should be this way, this is how we'd make it work, and this is why we should do it this way" and then make it happen. Also very tough. Lots of people with a finger in this pie, and they're all going to hate you with a passion -- won't be fun at all.
Sub-rosa violation of the terms under which our creatives operate simply damages the creatives and serves as a challenge to the legislators, and usually gets just the response we see here: such acts are treated even more harshly. That's not how to get things done, IMHO.
You have to change public opinion, and then you have to get it through the heads of the legislators that it has actually happened.
In the interim, I am convinced that we shouldn't be waging a war upon the incomes of the very creatives whose work product we would like to have access to.
Yes, well, get on that. I've written quite a bit of software -- some of it major -- and made it available for free. One large and featureful app is nearing 30,000 currently active users. Where's my check? I have Paypal "contribute" buttons, but the idea that I could actually make a living -- even a very low-profile living -- off the voluntary patronage of my users strikes me as more than a little hilarious. The fact is, people use; but they don't give back except in extremely rare cases. Of those active 30k users, 14 -- that's *fourteen* -- people have hit that paypal button. Of those, I have to say they were quite generous; the total of the donations to date is $475.00. I have spent thousands of hours on this application, and it is broadly acknowled
I've fallen off your lawn, and I can't get up.
How about you and I put $1000 USD in escrow and bet on this? Say, 10 years and my bet will be that nobody (not one single person) gets the 10 year penalty for civil copyright violation infractions in the whole of the United Kingdom. I will go higher than $1000 USD if you would prefer. We can use any reputable escrow management interface/site of your choosing. Withdrawing the stake early will result in a 75% loss of the staked amount with a maximum of $7500 USD loss. Case documentation must be provided and the definition of criminal or civil infractions will be determined by the UK jurisdiction representatives. Copyright will be defined per the legal definitions used in this specific act of legislation. All acts subject to the actual approval of said legislation with the time constraints being enacted immediately upon the activation of said legislation.
It is a chance for you to make a few dollars.
"So long and thanks for all the fish."
Considering this is a law concerning criminal copyright infringement and has nothing to do with civil copyright infringement there is absolutely nothing to worry yourself about and your post was entirely wasted.
"So long and thanks for all the fish."