Quote:
Originally Posted by jj26
something interesting i've found about CDPA 1988(particularly sections 16(1)(d) & 20:
footnote: Revised s 16(1)(d)substituted by SI 2003/2498 (replacing original wording:"to broadcast the work or include it in a cable programme service(see section 20)"
s20 also substituted by SI 2003/2498
see this:
Code:
http://products.ihs.com/Ohsis-SEO/593720.html
read carefully section(i) it sais wilfully infringes copyright.....
if alleged infringment took place without our knowledge or consent(unsecured wifi,hackers etc) how can it be wilfull?
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Basically, yup. This is the whole reason their campaign is gibberish.
There is no legal authority for holding someone responsible for copyright infringement they weren't even aware of. They can certainly try but would almost certainly fail expensively.
Although, the section of the act that particular link deals with is in the criminal section of the act - which isn't what they accuse you of breaking. The wilful bit refers to 107(2A) and 198(1A) of the act which deal with people actually selling copies of he work, or infringing to such an extent they "affect prejudicially" the copyright owner (for instance they share it so much and so wildly that they can't sell any copies themselves, or the illegal distributor becomes the sole source). This is a civil case, so the wilful doesn't necessarily apply. You still need to actually accuse a person of the infringement at some point to take them to court, however.
A handy (unofficial) updated version of the CDPA 1988 is published by the IPO and is published
here. It incorporates all of the european and other amendments such as the SI 2003/2498 you linked to.