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In the UK, a Plan To Criminalize Illegal Downloaders 382

Posted by kdawson
from the naughty-naughty dept.
krou writes "It looks like the launch of the UK Pirate Party came not a moment too soon. The Independent reports that Business Secretary Lord Mandelson is going to take a hard-line stance to preserve copyright after intense lobbying by the music and film industry. 'Under the proposed laws, Ofcom, the industry regulator, would be given powers to require Internet service providers to collect information on those who downloaded pirate material. The data would be anonymous, but serious repeat infringers would be tracked down through their computer ID numbers.' Prospective punishments included restricting internet access, either slowing down an offender's broadband or disconnecting them altogether, and fines up to £50,000. The Pirate Party came out against the scheme, calling it a gross invasion of civil liberties, while Tom Watson, the former minister for digital engagement, spoke out against the move, saying that the government should stop trying criminalize downloaders just so as to 'restore 20th-century incumbents to their position of power,' but should instead be 'coming up with interventions that will nurture 21st-century creative talent.'"
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In the UK, a Plan To Criminalize Illegal Downloaders

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  • *sigh* (Score:5, Informative)

    by tygerstripes (832644) on Tuesday August 18 2009, @05:42AM (#29103087)
    Illegal != Criminal. There are whole swathes of law which are not "criminal law".
  • Re:Mandelson (Score:3, Informative)

    by Opportunist (166417) on Tuesday August 18 2009, @05:50AM (#29103127)

    It does sound like a villain name out of a cheesy crossover between James Bond and DC comics, doesn't it?

  • by bheer (633842) <`rbheer' `at' `gmail.com'> on Tuesday August 18 2009, @05:55AM (#29103159)

    The Reg covered it yesterday [theregister.co.uk] and noted that Mandelson denied this report -- given they're due for an election in less than a year I can't believe they'd go out of their way to alienate voters.

    Offtopic, British lords are so hilarious. There's a secretary of transport called Lord Adonis [guardian.co.uk]. Had to chuckle at that.

  • This is interesting (Score:2, Informative)

    by ProfYaff (1529295) on Tuesday August 18 2009, @05:56AM (#29103165)
    Despite what Darth Mandelson says, it is a little odd that these plans have come out just after he attended a dinner with David Geffen, who is a massive critic of file sharing: http://technology.timesonline.co.uk/tol/news/tech_and_web/the_web/article6797844.ece [timesonline.co.uk]
  • media types (Score:4, Informative)

    by EasyTarget (43516) on Tuesday August 18 2009, @05:56AM (#29103167) Homepage Journal
    So, lord Mandy, a total media wonk (and highly manipulative individual) has gotten together with other wonks in the media to agree to 'crack down' on piracy. How nice.

    This is easy to beat folks; deprive them of money and mandy will slime away, like most modern politicians he's totally besotted with influence and power. Take away the music industries money and they loose that influence, and Mandy will sleeze away from them looking for the next big thing.

    Media types need to understand Economics 101, you used to be able to charge 20 euros for an album and I'd pay because it was the only way I could get the music in hi-quality for listening wto whenever I wanted. Ok.

    But now it is worth a 10 cents or less to me. This is an economic problem and trying to use the law to distort the market is anti-capitalistic.

    Do what I do, and totally stop paying for media. Not by piracy, but just by sticking only to free stuff. Plenty of original music gets delivered straight to my ears, completely legally, without the 'music industry' profiteering at all.

    I pay for my internet connection because that is a physical service, and I'll accept a moderate amount of advertising with my media, but that is all..

    I choose to get it direct from the artists (and through portals like magnatunes etc..); and if I am not allowed to download music from a site created or controlled directly by the artists, full quality, free in both senses of the word, then I simply move along. I support artists directly with concert attendance and buying merchandise. But again, I check to see how deeply the 'music industry' is involved in the process and avoid venues/merchandising that they control.

    Basically, I am using capitalism to solve the problem. Any objections from the 'industry' to that?

    Video is more of a problem, I still go to cinemas, and there is a lot of entertaining free video out there, but I still watch TV for my sci-fi, and pay for that because I have decided it is worth it.
  • by Anonymous Coward on Tuesday August 18 2009, @06:01AM (#29103195)

    In Britain if you're caught speeding, you pay 60 pounds and get 3 points on your license. Get 12 points within 3 years (or something like that) and you lose your license.

  • by pjt33 (739471) on Tuesday August 18 2009, @06:12AM (#29103265)

    If you read the page you linked to carefully you will find:

    The making, dealing in or use of infringing copies is a criminal offence (s. 107).

    This is an example of /. needing a "-1 Factually incorrect" to cancel "+1 Informative" mods.

  • by 91degrees (207121) on Tuesday August 18 2009, @06:16AM (#29103299) Journal
    According to the article, this is "a practice engaged in by one in 12 of the population".

    If that large a portion of the population think that something should not be illegal (and it's reasonable to assume that most people consider behaviour they indulge in should not be illegal), then perhaps their views should be considered rather than having them declared criminals. Perhaps though, Labour really wants to lose the next election. At least they consider losing 8.3% of the vote acceptable losses.
  • Re:Mandelson (Score:5, Informative)

    by Anonymous Coward on Tuesday August 18 2009, @06:33AM (#29103385)

    Put slimebag Mandelson into perspective...

    http://news.bbc.co.uk/1/hi/talking_point/471585.stm [bbc.co.uk]
    "Mr Mandelson resigned from the Cabinet in December last year after it was revealed he took a secret £373,000 home loan from his ministerial colleague, Geoffrey Robinson, who also resigned over the affair."

    Pulled in a few favors and got away with mortgage fraud on the mortgage application form by not declaring the secret loan. Anyone else would be in prison for that fraud.

    http://news.bbc.co.uk/1/hi/uk_politics/1210506.stm [bbc.co.uk]
    "Peter Mandelson and Europe Minister Keith Vaz have been cleared of wrongdoing by the Hammond inquiry into the Hinduja passport affair. The inquiry into the circumstances that led to Mr Mandelson's resignation in January accepted that he had not deliberately lied about making a call to a Home Office minister. Secondly it found there was no connection between the Hindujas' donation to the Dome and their successful applications for citizenship."

    Pulled in a few favors, got away with arranging a passport for a Labour donor, whitewashes inquiry into affair.

    http://www.dailymail.co.uk/news/article-1205049/Lapping-sun-super-rich-friends--Mandy-man-whos-supposed-running-country.html [dailymail.co.uk]
    Story seems to have been strangely deleted and not in anyone's cache about Mandelson living it up on a rich benefactors behalf.

    http://www.dailymail.co.uk/news/article-1207060/Mandelson-met-Gaddafis-son-Corfu-ahead-Lockerbie-bomber-release-talks.html [dailymail.co.uk]
    "Lord Mandelson faces the prospect of a sleaze investigation after he met Colonel Gaddafi's son days before it emerged that the Lockerbie bomber was to be freed."

    Now reports that the alleged bomber may be freed on compassionate grounds.

  • Re:!constitional ? (Score:3, Informative)

    by jabithew (1340853) on Tuesday August 18 2009, @06:50AM (#29103475)

    We do have a constitution. Parliament is the supreme power in the nation though, so effectively the constitution can be changed with a simple majority vote in the Commons.

    It probably isn't unconstitutional, because if Parliament passes a law to sanction it (which it probably will in our elected dictatorship) then it becomes part of the constitution.

  • Re:Mandelson (Score:5, Informative)

    by FourthAge (1377519) on Tuesday August 18 2009, @07:49AM (#29103755) Journal

    Himmler is close, but both I and Mandelson himself [timesonline.co.uk] think that Stalin's henchman Lavrentiy Beria [wikipedia.org] is a closer fit:

    "You're a kind of Trotsky figure," said a fellow guest.

    "Oh no," said Lord Mandelson. "I'm far more of a Beria."

    Beria is the nasty version of Himmler, as you will find if you read about his activities as Stalin's secret police chief. What sort of man would find a comparison with mass murderers like Trotsky and Beria flattering and amusing? A former member of the Young Communist League, perhaps? [bbc.co.uk] But I'm sure he abandoned the Marxist ideology years ago, just like the rest of New Labour. You know, when they became "right wing" like the BBC says. <Hollow Laughter>.

  • by DaveV1.0 (203135) on Tuesday August 18 2009, @08:51AM (#29104263) Journal

    Speeding is an illegal act that is a civil, not criminal, offense.

  • Re:anonymous? (Score:5, Informative)

    by PeterBrett (780946) on Tuesday August 18 2009, @11:29AM (#29106243) Homepage

    Nothing is more insulting that equating being technically literate with 'defending the anonymity of internet pirates'. What is this? digg? torrentfreak? or 'newsforpirates'?

    If you think that's what my objection to this is about, you're a fool suffering under the influence of the well-known fallacy, "The innocent have nothing to fear."

    I am not a pirate, yet I oppose this. My main objections to this are:

    • Very little if any consideration of how false accusations might occur. At the moment, you might end up getting hauled into court:
      • Because the clock on the ISP's DHCP box was incorrect;
      • Because you were uploading something entirely legitimate which happened to have a filename which looked like it might be unauthorised.
      • Other ways I haven't thought of yet.

      In the legislation as currently proposed, there is no discussion whatsoever of what recourse ISP account holders would have against false accusations.

    • No requirement that an ISP account holder is notified promptly of accusations made against them, so that they can preserve evidence of non-infringement. Indeed, there is not even a requirement that an account holder is told what work they are alleged to have illicitly copied or who is asserting the copyright on the work.
    • No requirement that civil court-grade evidence is gathered at the time that an accusation of infringement is made. Essentially, any lawsuit brought based on the proposed legislation would be a case of, "He said, she said," without the defendant receiving the benefit of good quality evidence to use in their defence.
    • There are several other similar issues.

    Support this legislation if you like; I will have no sympathy whatsoever for you if and when you find yourself in court accused of something you didn't do and with no way to mount an effective defence.

  • by Grcie (1620355) on Tuesday August 18 2009, @01:28PM (#29108157)

    People keep saying 'illegal downloading'

    Please, someone show me where it says that downloading is illegal.

    Here's the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002

    http://www.opsi.gov.uk/acts/acts2002/ukpga_20020025_en_1

    Perhaps I'm missing it, but I can't find where it says that I, as a private individual, am committing an illegal act by obtaining an unlicensed copy of a movie

    Business yes, distributing yes, merely posessing? No

  • by sparky81 (1309369) on Tuesday August 18 2009, @05:19PM (#29111573)

    Ask any of my fellow Brits, I bet none of them can definitively name a date when the government anti-freedom agenda began

    I can. 3 Nov 1994. Date of royal assent to The Criminal Justice and Public Order Act [wikipedia.org].

    This was the point where we lost the right to keep our mouth shut & not have it held against us, for two or people to stand in a field (might be waiting for a rave, you see) or to walk along the street without being randomly stopped and searched by the police

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