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Old 28-10-2009, 23:25   #26
webcrawler2050
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Re: Internet "cut off" date set for illegal downloaders

Quote:
Originally Posted by TheDon View Post
It might be an American term, but the same principle exists in UK law. You cannot simply draw a straight line from "downloads from newsgroups" to "downloads copyright material", no reasonable person would say a crime was being commited just because someone was downloading from newsgroups.

Then there's the point that search warrants are only obtainable for criminal copyright infringement, that being making copies in the course of a business, or mass distribution, neither of which are applicable for people downloading from newsgroups. An end user downloading a copy is a civil case, and without reasonable proof of you infringing on a specific copyright work a civil case isn't going to get off the ground.

I'm also not aware of any newsgroup provider that explicitly advertises the fact that binary newsgroups carry copyright material. In fact I can guarantee they don't as then they'd lose their safe harbour provisions.
The problem is, Torrents are used for alot of Linux Distros and RPM's aswell. So how do they get around that?
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