Comment Go to the police! (Score 1) 631
"Agreed but what can we do about it."
You can go to the police and report the evidence you have regarding an alleged crime. The police should then go and investigate the evidence and, in case enough evidence is found, justice should have it's cause and a judge should decide wether or not to punish the offender. That should be possible in all countries that signed the TRIPs agreement, including the US and the UK (see below). Article 61 states:
http://www.wto.org/english/tratop_e/trips_e/t_agm4 _e.htm
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SECTION 5: CRIMINAL PROCEDURES
Article 61
Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. In appropriate cases, remedies available shall also include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence. Members may provide for criminal
procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed wilfully and on a commercial scale.
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It seems that at least the UK and the US have implemented this in their laws, so I think one could go to the police over this in both the UK and the US:
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UK
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http://www.theregister.co.uk/2003/10/07/prison_for _using_kazaa_surely/
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But from 31st October, the new regime introduces a new threat for P2P fans: prison. "There's no suggestion that this is what the new law is intended to catch, and it's not something that the European Directive demands; but the wording could be interpreted this way," says Robertson.
The relevant provision states:
"A person who infringes copyright in a work by communicating the work to the public -
(a) in the course of a business, or
(b) otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
commits an offence if he knows or has reason to believe that, by doing so, he is infringing copyright in that work."
Robertson said: "It could be interpreted under these new Regulations that you are now committing a criminal offence when you use KaZaA or other P2P services. You may not be acting in the course of a business; but by making a music file available for download for any other users of your chosen P2P network, you are communicating the work - potentially at least - to millions, i.e. to an extent that the music industry could say is prejudicing its rights."
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Judging on this, in the UK -- the base of first4internet -- one can also be sent to prison over copyright infringement.
Some more or less relevant case law:
http://www.legalday.co.uk/lexnex/simkins03/simkins q403/simkins141003.htm
"PPL applied for an order to commit Mr Tierney for contempt of court in respect of his failure to comply with the court order. It had reportedly made seven previous applications of this nature against Mr Tierney.
PPL succeeded in its application. Mr Tierney had been warned of the consequences of further breaches of the court order only six months previously. The court imposed a term of imprisonment of 35 days. In order that the sentence had the effect of ensuring future compliance, the court suspended the sentence for 40 months."
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US
====
http://www.publicknowledge.org/issues/hr2391
"Anticounterfeiting Act of 2004"
"Provides penalties and jail sentences for trafficking in "counterfeit labels, illicit labels or counterfeit documentation or packaging" of records, software, movies, etc. The original bill also provided penalties for filing false information with Internet registrars, but that portion wasn't picked up in the omnibus. Passed the House Sept. 21, 2004."
As far as I can see, this is the law text that applies and apparantly is in act:
http://www.law.cornell.edu/uscode/html/uscode18/us c_sec_18_00002318----000-.html
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TITLE 18 > PART I > CHAPTER 113 > 2318 Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging
Release date: 2005-08-03
(a) Whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in a counterfeit label affixed or designed to be affixed to a phonorecord, or a copy of a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program, shall be fined under this title or imprisoned for not more than five years, or both."
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You can go to the police and report the evidence you have regarding an alleged crime. The police should then go and investigate the evidence and, in case enough evidence is found, justice should have it's cause and a judge should decide wether or not to punish the offender. That should be possible in all countries that signed the TRIPs agreement, including the US and the UK (see below). Article 61 states:
http://www.wto.org/english/tratop_e/trips_e/t_agm
-+-
SECTION 5: CRIMINAL PROCEDURES
Article 61
Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. In appropriate cases, remedies available shall also include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence. Members may provide for criminal
procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed wilfully and on a commercial scale.
-+-
It seems that at least the UK and the US have implemented this in their laws, so I think one could go to the police over this in both the UK and the US:
====
UK
====
http://www.theregister.co.uk/2003/10/07/prison_fo
-:-
But from 31st October, the new regime introduces a new threat for P2P fans: prison. "There's no suggestion that this is what the new law is intended to catch, and it's not something that the European Directive demands; but the wording could be interpreted this way," says Robertson.
The relevant provision states:
"A person who infringes copyright in a work by communicating the work to the public -
(a) in the course of a business, or
(b) otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
commits an offence if he knows or has reason to believe that, by doing so, he is infringing copyright in that work."
Robertson said: "It could be interpreted under these new Regulations that you are now committing a criminal offence when you use KaZaA or other P2P services. You may not be acting in the course of a business; but by making a music file available for download for any other users of your chosen P2P network, you are communicating the work - potentially at least - to millions, i.e. to an extent that the music industry could say is prejudicing its rights."
-:-
Judging on this, in the UK -- the base of first4internet -- one can also be sent to prison over copyright infringement.
Some more or less relevant case law:
http://www.legalday.co.uk/lexnex/simkins03/simkin
"PPL applied for an order to commit Mr Tierney for contempt of court in respect of his failure to comply with the court order. It had reportedly made seven previous applications of this nature against Mr Tierney.
PPL succeeded in its application. Mr Tierney had been warned of the consequences of further breaches of the court order only six months previously. The court imposed a term of imprisonment of 35 days. In order that the sentence had the effect of ensuring future compliance, the court suspended the sentence for 40 months."
====
US
====
http://www.publicknowledge.org/issues/hr2391
"Anticounterfeiting Act of 2004"
"Provides penalties and jail sentences for trafficking in "counterfeit labels, illicit labels or counterfeit documentation or packaging" of records, software, movies, etc. The original bill also provided penalties for filing false information with Internet registrars, but that portion wasn't picked up in the omnibus. Passed the House Sept. 21, 2004."
As far as I can see, this is the law text that applies and apparantly is in act:
http://www.law.cornell.edu/uscode/html/uscode18/u
-:-
TITLE 18 > PART I > CHAPTER 113 > 2318 Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging
Release date: 2005-08-03
(a) Whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in a counterfeit label affixed or designed to be affixed to a phonorecord, or a copy of a computer program or documentation or packaging for a computer program, or a copy of a motion picture or other audiovisual work, and whoever, in any of the circumstances described in subsection (c) of this section, knowingly traffics in counterfeit documentation or packaging for a computer program, shall be fined under this title or imprisoned for not more than five years, or both."
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