Linking a Crime - It are a FACT

Oct 19, 2007 22:42

The Guardian is gleefully frothing over the arrest of a web site owner for allowing visitors to download infringing content [they even trot out that old Lost Sales gag, I expect then to start discussing internet tubes any moment now]. But as with almost all of these cases things are not so clearly defined:

"One of the world's most-used pirate film websites has been closed after providing links to illegal versions of major Hollywood hits and TV shows.

The first closure of a major UK-based pirate site was also accompanied by raids and an arrest, the anti-piracy group Federation Against Copyright Theft (Fact) said today.

A 26-year-old man from Cheltenham was arrested on Thursday in connection with offences relating to the facilitation of copyright infringement on the internet, Fact said.

Fact claims that tv-links.co.uk was providing links to illegal film content that had been camcorder recorded from cinemas and then uploaded to the internet. The site also provided links to TV shows that were being illegally distributed."

- guardian.co.uk

Yes, you read that correctly, the site was "providing links" to "illegal film content". This site itself contained nothing illegal, there was no copyrighted content available there, it was not possible to upload or download such content to its server. If there's nothing illegal then there is no crime, if there is no crime then the "26-year-old man from Cheltenham" is innocent. I hope 26yomfC has a a decent, IT-savvy lawyer because this could not only put him in enough cash to keep him comfy for a long time but also protect www.tv-links.co.uk from any future prosecutions.

The issue here is the difference between performing an illegal act and describing one. The TV Links site merely described the locations and methods of acquisition for infringing content, it did not actually perform the infringement. By that same token, any author of a novel that describes a murder should be arrested for murder. Anyone who shows a policeman the location of a stolen car should be arrested for stealing it [yeah, I know, 'car analogy'].

Let's run with that last one: if anything this site was a useful tool for IP delusionals, showing them exactly where to find the actual infringing sites and torrents, happily revealed to them by the very people that so plague them. As a resource you would think it far more valuable than a single highly questionable arrest.

Once again these people have succeeded in pissing me off. Remember to use the Bad Guy Sticker greasemonkey tool while browsing Amazon to help you avoid purchasing products from members of FACT. Give these idiots your money and it will be used to harm your rights, prevent you from using your own tools and content, and to restrict your access to your own culture.

civil liberties, copyright, news, movies, p2p

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