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From: terryc on 14 Apr 2010 22:21 On Thu, 15 Apr 2010 10:16:08 +0930, annily wrote: > annily wrote: >> Andy wrote: >>> annily wrote: >>> >>>> So for encrypted content, the copyright holders would join the >>>> torrent and decrypt the content, then convince the court that the >>>> alleged perpetrator received (and uploaded at least part of) the same >>>> content. Fair enough. >>> >>> By joining the torrent 'swarm' wouldn't they then also be guilty of >>> facilitating the claimed copyright infringement? :-) >>> >>> >> Obviously not, because the content belongs to them. They can do what >> they like with it. >> >> > What I should have said was that they may be facilitating the copyright > infringement, but they are entitled to do that, because they own the > content, so they can do what they like with it. Isn't that akin to putting your belongings on the kerbside for hours and then complaining when/if someone takes them? In any case, if you read the British story(url?), they are hiring a Swiss company to collect the IP addresses. what are the anti-entrapment laws here?
From: terryc on 14 Apr 2010 22:27 On Thu, 15 Apr 2010 03:41:56 +1000, Rod Speed wrote: > terryc wrote >> Rod Speed wrote > >>> They are completely irrelevant when the NSW small claims system doesnt >>> award costs against the losing party, fool. > >> Those incessant strenuos denials are so convincing Roddles. > > Pity about > > http://www.artslaw.com.au/LegalInformation/DebtRecovery/ DebtRecoveryNSW.asp > > Generally, the successful party is not entitled to claim their > legal costs from the other party > > And yes, that is specific to NSW, fool. Correct Roddles. Congratulations, your "I feel lucky" google search paid off, but you still only get a pass in the assignment. If you had researched further, you would have found that what I have said earlier is more correct. you can hire any allowed legal person you want to represent you, but you can still only claim the maximum allowed legal costs. Do yourself a double favour and seek out your local small claims court and sit in on a few cases. They are open to the public.
From: Sylvia Else on 14 Apr 2010 23:30 On 15/04/2010 12:21 PM, terryc wrote: > what are the anti-entrapment laws here? > None at all. It's not a concept that's recognised in Australia. You do the crime you do the time (not that non-commercial copyright infringement is a crime in Australia). It matters not that someone enticed you for the purpose of catching you at it. Sylvia.
From: annily on 15 Apr 2010 01:15 terryc wrote: > On Thu, 15 Apr 2010 10:16:08 +0930, annily wrote: > >> annily wrote: >>> Andy wrote: >>>> annily wrote: >>>> >>>>> So for encrypted content, the copyright holders would join the >>>>> torrent and decrypt the content, then convince the court that the >>>>> alleged perpetrator received (and uploaded at least part of) the same >>>>> content. Fair enough. >>>> By joining the torrent 'swarm' wouldn't they then also be guilty of >>>> facilitating the claimed copyright infringement? :-) >>>> >>>> >>> Obviously not, because the content belongs to them. They can do what >>> they like with it. >>> >>> >> What I should have said was that they may be facilitating the copyright >> infringement, but they are entitled to do that, because they own the >> content, so they can do what they like with it. > > Isn't that akin to putting your belongings on the kerbside for hours and > then complaining when/if someone takes them? > No, because they presumably didn't kick off the torrent in the first place. > In any case, if you read the British story(url?), they are hiring a Swiss > company to collect the IP addresses. > > what are the anti-entrapment laws here? > I didn't know, but Sylvia seems to have answered it. -- Long-time resident of Adelaide, South Australia, which may or may not influence my opinions.
From: Epsilon on 15 Apr 2010 01:39
Sylvia Else wrote: > On 15/04/2010 12:21 PM, terryc wrote: > >> what are the anti-entrapment laws here? >> > > None at all. It's not a concept that's recognised in Australia. You do > the crime you do the time (not that non-commercial copyright > infringement is a crime in Australia). It matters not that someone > enticed you for the purpose of catching you at it. I would have thought that this case could apply throughout Australia - http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd011025/loose-1.htm . |