UK legal opinion on file-sharing lawsuits in UK

[David Farber <dave () farber net>]

Begin forwarded message:

From: Tom Yates <madhatter () teaparty net>
Date: November 3, 2004 2:35:24 AM EST
To: David Farber <dave () farber net>
Subject: Poss. for IP: legal opinion on file-sharing lawsuits in UK

Prof. Farber:

Saturday's Guardian had an interesting piece by their in-house  
barrister on the British Phonographic Institute's recent threats to sue  
prolific file-sharers, and how this is likely to fare, given UK law.

"Parents are not liable for their children's actions, and neither does  
merely being the owner of a computer on which someone has committed an  
illegal activity create liability. It is doubtful that an ordinary  
civil injunction can be made against a child.

While suggestions that anti-social behaviour orders might be available  
are a bit far-fetched, it is unlikely that the courts would allow youth  
to be relied on by someone to deliberately flout the law. Anyone  
receiving a letter from the BPI or its solicitors demanding information  
about who uses a computer should not reply without taking their own  
legal advice. There will be many circumstances where the most effective  
form of defence is to remain absolutely silent."

http://www.guardian.co.uk/guardian_jobs_and_money/story/ 
0,,1339218,00.html


--

  Tom Yates  -  madhatter () teaparty net  -  http://www.teaparty.net

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