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-   -   All Chipped Cable Boxes Going Down (https://www.cableforum.uk/board/showthread.php?t=33631184)

Stuart 30-09-2010 12:47

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by FreeCableFor8Yrs (Post 35100749)
Noob, Virgin cant do [anything] apart from take you to private court.

Wrong. It is counted as theft (actually obtaining services by deception), and therefore a criminal offence.

See http://en.wikipedia.org/wiki/Theft_A...s_by_deception . Specifically section three under that heading.

TheDon 30-09-2010 13:15

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by Stuart (Post 35100773)
Wrong. It is counted as theft (actually obtaining services by deception), and therefore a criminal offence.

See http://en.wikipedia.org/wiki/Theft_A...s_by_deception . Specifically section three under that heading.

Wrong.

It's not counted as theft at all.

It's counted as "fraudulently receiving programmes" in section 297 of the copyright designs and patents act (1988), with the maximum punishment being "a fine not exceeding level 5 on the standard scale."

wadski 30-09-2010 13:49

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by TheDon (Post 35100805)
Wrong.

It's not counted as theft at all.

It's counted as "fraudulently receiving programmes" in section 297 of the copyright designs and patents act (1988), with the maximum punishment being "a fine not exceeding level 5 on the standard scale."

Off this very forum:

http://www.cableforum.co.uk/article/...-set-top-boxes

Quote:

Police have reiterated their warnings to the public that purchasing a modified box that allows the user to watch subscribed channels without paying any money to the relevant cable company, is a criminal offence.

Chris 30-09-2010 13:53

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by FreeCableFor8Yrs (Post 35100749)
Noob, Virgin cant do [anything] apart from take you to private court.

[MOD EDIT - Inappropriate attempt to get around swear filter]

Fraud Act 2006:You can get taken to a criminal court for obtaining subscription TV services by deception. Once there you can get a fine or some time in jail.

Although I can't say I'm surprised you didn't know this.

---------- Post added at 13:53 ---------- Previous post was at 13:51 ----------

Quote:

Originally Posted by TheDon (Post 35100805)
Wrong.

It's not counted as theft at all.

It's counted as "fraudulently receiving programmes" in section 297 of the copyright designs and patents act (1988), with the maximum punishment being "a fine not exceeding level 5 on the standard scale."

Wrong. This has been superseded by the Fraud Act 2006, which deliberately treats intent to gain by deception as essentially the same sort of behaviour as is governed by the Theft Act.

TheDon 30-09-2010 14:05

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by wadski (Post 35100838)

The act I quoted STILL makes it a criminal offence, just one that doesn't carry the risk of jail time.

Quote:

Originally Posted by Chris (Post 35100840)
Fraud Act 2006:You can get taken to a criminal court for obtaining subscription TV services by deception. Once there you can get a fine or some time in jail.

Although I can't say I'm surprised you didn't know this.

---------- Post added at 13:53 ---------- Previous post was at 13:51 ----------



Wrong. This has been superseded by the Fraud Act 2006, which deliberately treats intent to gain by deception as essentially the same sort of behaviour as is governed by the Theft Act.

There is no deception involved in hooking up an illegal receiver.

Do you want to tell the CPS they've got their facts wrong?

Just to make it easy for you:

Quote:

Unauthorised decoders for encrypted services

Decoders are devices designed or adapted to enable encrypted transmissions to be decoded. It is an offence under section 297(A) Copyright, Designs and Patents Act 1988 to manufacture, import or distribute unauthorized decoders. See Stones 8 - 5834.

Offences under section 297 above will be rare albeit of high public interest. The scale of the case may merit consideration of conspiracy charges where there are elements of manufacture and distribution on a sufficient scale, for example of smart cards to intercept satellite broadcasts.
That is the legal guidance to prosecutions, as it stands NOW. The CPS say it's still charged under that, ergo, it's STILL charged under that.

darkm 30-09-2010 14:06

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by Stuart (Post 35100681)
What Sirius does on another forum is between him and the members and admins of that forum. Do not bring it here.

not really, especially when he copys and pastes quotes from another forum to here..Its not only being desrepectful to other forums but also it's disrespectful to this forum when members lower themselves and bring the good name of this forum into question..Are all members here like him?

Peter_ 30-09-2010 14:24

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by darkm (Post 35100850)
not really, especially when he copys and pastes quotes from another forum to here..Its not only being desrepectful to other forums but also it's disrespectful to this forum when members lower themselves and bring the good name of this forum into question..Are all members here like him?

So he is being disrespectful to forums that condone theft................
















....................long may it continue as theft is theft however you dress it up.

Chris 30-09-2010 14:27

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by TheDon (Post 35100849)
There is no deception involved in hooking up an illegal receiver.

Yes, there is. Just to make it easy for you:

Quote:

Fraud Act 2006, Section 11

11 Obtaining services dishonestly
(1) A person is guilty of an offence under this section if he obtains services for
himself or another—
(a) by a dishonest act, and
(b) in breach of subsection (2).
(2) A person obtains services in breach of this subsection if—
(a) they are made available on the basis that payment has been, is being or
will be made for or in respect of them,
(b) he obtains them without any payment having been made for or in
respect of them or without payment having been made in full, and
(c) when he obtains them, he knows—
(i) that they are being made available on the basis described in
paragraph (a), or
(ii) that they might be,
but intends that payment will not be made, or will not be made in full.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum (or to both);
(b) on conviction on indictment, to imprisonment for a term not exceeding
5 years or to a fine (or to both).

Available in full at http://www.opsi.gov.uk/ACTS/acts2006...0060035_en.pdf
And, for the avoidance of doubt, some guidance on the above from our good friends at the CPS, with emphasis added by me:

Quote:

Section 11 will cover circumstances where the Defendant:
  • obtains chargeable data or software over the internet without paying;
  • orders a meal in a restaurant knowing he has no means to pay;
  • attaches a decoder to his TV to enable him to access chargeable satellite services without paying;
  • uses the services of a members' club without paying and without being a member.
http://www.cps.gov.uk/legal/d_to_g/fraud_act/#a32
Given that the above is guidance, and not a complete re-statement of the law, I think it is safe for us to assume that the paragraph I have bolded can be taken to apply to chargeable cable services also.

Perhaps you are getting yourself confused because you are arguing about the way the CPS prosecutes people who manufacture, import or distribute modified receivers?

On the other hand, had you paused for breath before wading in, you might have spotted that FreeCableFor8Yrs was bragging about his personal use of a box and that both Stuart and I responded to him on that basis.

The chunk of CPS guidance you helpfully quoted is very clearly not discussing crimes related to personal use.

Stuart 30-09-2010 14:42

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by darkm (Post 35100850)
not really, especially when he copys and pastes quotes from another forum to here..Its not only being desrepectful to other forums but also it's disrespectful to this forum when members lower themselves and bring the good name of this forum into question..Are all members here like him?

I say again.

What Sirius does on another forum is between him and the members and admins of that forum. Do not bring it here.

darkm 30-09-2010 15:08

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by Stuart (Post 35100877)
I say again.

What Sirius does on another forum is between him and the members and admins of that forum. Do not bring it here.


And again, not if he brings it back to this forum..If he wants to discuss and been anti-social on other forums so be it but do not bring it back to this forum as you clearly put it.

---------- Post added at 15:08 ---------- Previous post was at 15:05 ----------

Quote:

Originally Posted by Masque (Post 35100860)
So he is being disrespectful to forums that condone theft................


....................long may it continue as theft is theft however you dress it up.


Theft is theft but there is still no call for to be disrespectful to forum rules and to people in general.



..........No matter how you dress it up..

Peter_ 30-09-2010 15:10

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by darkm (Post 35100908)





Theft is theft but there is still no call for to be disrespectful to forum rules and to people in general.



..........No matter how you dress it up..

You had the answer to that from the team.

Kymmy 30-09-2010 15:13

Re: All Chipped Cable Boxes Going Down
 
Can we please now get back on track as the troll is gone

borrissey 30-09-2010 15:23

Re: All Chipped Cable Boxes Going Down
 
Stealing cable should be dealt with by flogging.

Pauls9 30-09-2010 15:24

Re: All Chipped Cable Boxes Going Down
 
Quote:

Originally Posted by borrissey (Post 35100930)
Stealing cable should be dealt with by flogging.

What grade of cable do you recommend?

Kymmy 30-09-2010 15:25

Re: All Chipped Cable Boxes Going Down
 
Rg 213??


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