Posted by Mike Archer on 11/15/05 02:50

In article <3totfgFtj5d5U1@individual.net>, nospam@me.invalid says...

<snip>

Excellent post. Apart from the issues covered in the post, there's other
issues worth discussion. I was heavily involved in software piracy on
the Amiga computer in the 80's/90's and heard many people quote how the
law stood on piracy, I'm not 100% if what I learnt was factual. But
here's my understanding of it (in rather basic non-legal terms). If I'm
wrong then please tell me, as I'm sure many other people have the same
view.

If I buy a CD and I scratch it, I can ask a friend who owns the same CD
to make me a copy. In doing so I have not broke the law, as I have
already payed for the material in question.

Under the same principle I am entitled to download free copies of
copyrighted material I have already paid for. For example if I have
purchased the Vinyl version of an album and I want it in MP3 format
I can download it from P2P rather than go through the hassle of putting
it onto my computer myself.

Going back to the previous point, if I told a friend I had scratched my
CD of a certain album, and needed a replacement copy, when in fact I
never owned the original. Then he would not be breaking the law in
copying it me, as he was under the impression that he was able to copy
it without breaking the law. (This law exists to protect businesses who
run copying services from unknowingly reproducing copyrighted material)

On the same principle, if I offer a file for upload on a P2P network I
am doing it on the assumption that only people who can legally download
it from me will do so. If someone illegally downloads it from me, I have
no way of knowing and hence I am not responsible. (after all the
transfer of the file was initiated from their computer, not mine) As
such I am not breaking the law unless I knowingly allow a person to
download a file from my computer who is not legally entitled to do so.

I'm under the impression that this is how the law stands in the UK,
though I'm not 100% definate on that. I'd be interested to hear other's
opinions on what I have said...

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