http://www.theregister.co.uk/2008/02/12 ... /comments/
Original Works
By Alexander Hanff
Posted Tuesday 12th February 2008 16:15 GMT
Another point many people seem to fail to realise is that in the UK copyright law only covers copying of "original works". Therefore a copy of a copy under British Law is not illegal as it is not a copy of an original works. Of course it takes someone with balls to use this defence in court and of course requires that someone actually gets taken court for infringement so they can submit a defence.
As soon as someone rips a cd or dvd the resulting files are no longer original works and therefore dissemination/distribution of copies of this copy are not illegal and are certainly not covered by copyright legislation.
In reality, the only person liable for infringement is the person who originally ripped the content which to my understanding would be pretty much impossible to determine.
Illegality
By RW
Posted Tuesday 12th February 2008 18:49 GMT
The record industry is quick to scream "that's illegal" but whether an act is illegal or not is something only a trial in front of a judge, and possibly a jury, can determine.
Allegations are meaningless until proved in a court of law.
As for honeypot torrents, so the torrent says it's Britney's latest—but is it? Again, proof that the actual torrent is Britney's latest is required.
Calling something illegal doesn't make it illegal. And as another comment reminded us, calling copyright infringement "stealing" doesn't make it theft.
@JonB
By Mark
Posted Tuesday 12th February 2008 19:22 GMT
Well, since copyright is a civil matter, and civil case is for redress, NOT punishment (at least in the UK), if the lost sale was never going to happen, there's no loss and therefore no redress.
Re: Is downloading copyright stuff illegal in the UK?
By Peter Fairbrother
Posted Tuesday 12th February 2008 21:25 GMT
No, it is not illegal to download copyright material for your own use without the permission of the rights holder - but it is unlawful.
It is making another copy without authorisation from the copyright owner, which is an infringement of copyright. This is a civil tort (wrong) - but it is not a criminal offense. It is not theft, legally speaking. The police can't arrest you for it, you can't be convicted for it, but the copyright owners can sue you.
Supplying copyright material is sometimes an offense, it depends on the circumstances. Generally speaking, if you do it for money you can be busted.
Incidentally, ripping a CD for your own use is probably technically an infringement too, but you are unlikely to be successfully sued for it.