Thread: All Chipped Cable Boxes Going Down
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Old 31-05-2010, 12:56   #902
TheDon
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Re: All Chipped Cable Boxes Going Down
Quote:
Originally Posted by Kymmy View Post
I think it's open to interpretations and I am no legal eagle (nor like a legal illegal )
Oh definitely, like I said before IANAL.

Quote:
Originally Posted by Kymmy View Post
The way I read it is that the business side is there as the public do have access to a lot of business premises (for example shops) and if a person owns the shop then they are covered the same as a private house. BUT a market stall holder can not be determined as a place of business just a point of sale.. Otherwise any illegal street seller of fake DVD's could specifiy that his corner of the street is his regular place of business and walk off with his conterfit goods..
A point of sale is a place of business by any definition. The question is if it's a regular one, which if they have a market stall that they man regularly, it is. A one off car boot wouldn't be, but a regular car boot (say on the last sunday of every month) would be. A street seller would have to be there regularly for them to have protection from an on the spot seizure, and if they are then you just apply to a court order. If they dispute you thinking they aren't then that's why you notify the police first, so they can come along and sort it out.

This is the entire point of the right of seizure though, it's for use when you couldn't otherwise apply for a court order to seize in advance and instead are acting on opportunity. If you know someone is going to regularly have possession of them in a course of business you go through the courts, if you just otherwise come across someone with one you can seize it on the spot.

Quote:
Originally Posted by Kymmy View Post
TheDon do you have experience with this? or in a legal profession? Just that I understand your interpretation as well as my own but was wondering if your viewpoint had any knowledge as to why one interpretation is correct?
Not with this specifically, but with interpreting legal jargon, part of my degree was law based (which a fair focus on copyright although not this aspect of it as it was part of a CS degree).

Essentially though any interpretation could be correct, it just depends who's interpretation the judge agrees with at the time.
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