Not Saussure

January 22, 2007

More on the Serious Crimes Bill — illegal downloaders beware

Filed under: civil liberties — notsaussure @ 9:32 pm

Just noticed this in the schedule of Serious offences which may trigger sanctions under the Serious Crime Bill; it seems that not only people who engage in illegal fishing or flytipping (and those who sell them fishing equipment or wheelbarrows) have cause to worry:

Intellectual property

10 ; (1) An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—
(a) section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing
an article which infringes copyright);
(b) section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);
(c) section 297A (making or dealing etc. in unauthorised decoders).
(2) An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

That is, if a court is satisfied to the civil standard — that is, on the balance of probabilities — either that you’re involved in some way with such offences — remember that you needn’t have been convicted of actually committing them — or that you’ve been Intentionally encouraging or assisting an offence, whether or not one’s actually been committed, then you potentially face all manner of restrictions on your future conduct, almost certainly including banning you from using the internet if you’ve been participating in illegal downloading and file-sharing.

Yes, yes, I know it’s supposed to be aimed only at professional counterfeiting gangs, but still…

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1 Comment »

  1. Oh yes, it’s not like the government / police would ever use legislation ‘intended’ for one purpose for any other purpose.

    Comment by Dan Goodman — January 22, 2007 @ 10:26 pm


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