[IP] UK legal opinion on file-sharing lawsuits in UK
Begin forwarded message:
From: Tom Yates <madhatter@xxxxxxxxxxxx>
Date: November 3, 2004 2:35:24 AM EST
To: David Farber <dave@xxxxxxxxxx>
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@xxxxxxxxxxxx - http://www.teaparty.net
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