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This topic is about Arrested, now on bail... guilty until I prove I'm innocent, the author, enigmaenigma, wrote about: QUOTE (mole)I forgot to also contradict earlier advice given to you by someone. Section 107 does indeed specify that to commit an offence it must be i ... To read more just scroll down
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Aug 1 2009, 07:28 PM
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#21
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Advanced Member
Group: sVIP Received 24 Thanks Posts: 166 Joined: 23-January 08 Member No.: 79 |
QUOTE (mole) I forgot to also contradict earlier advice given to you by someone. Section 107 does indeed specify that to commit an offence it must be in the course of a business or to prejudice the copyright holder. FACT view filesoup as a business because it receives donations, its as simple as that. You receive monetary gain from your users therefore you profit from whatever the site does. Yes of course it is donations for the servers etc but that will not cut any ice with FACT. I certainly wouldn’t dispute that, and regardless of where in the world as well Because if memory serves me correct: Then it was a donation banner / button that enabled them to do similar with Elite Torrents, and within the UK, they used similar tenuous means with OINK as well However, and that being said, and in regards the UK in particular, I don’t think that the “profit” and “business” elements have been fully explored – so it isn’t an automatic or default case, that donations or advertising revenue for a forum, will equate as pursuit of a business or profiting from But, as for whether the courts will get some much needed bravery and actually explore these elements or not, well that’s another thing all together – as it seems that the bully boy and unlimited financial resources of these trade organizations are making a mockery of the UK justice system Not to mention, that regardless of advert revenue or donations, and should someone be wealthy enough to run a file sharing forum - then these trade organizations would still attempt to claim that emotional profit, in the form of profiting by getting a feel good feeling for your fellow man, would qualify as being a profit Unfortunately, and as this is an area of law that is in evolution, I think its going to take some time and personal injustices, before the justice system starts to create equitable and fair judgments – as opposed to simply rubber stamping or providing tacit approval for the trade organizations desires |
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Aug 1 2009, 07:56 PM
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#22
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![]() AdminEmu
Group: Root Admin Received 256 Thanks Posts: 14,469 Joined: 13-August 03 Member No.: 3 ![]() |
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Aug 1 2009, 08:17 PM
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#23
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![]() Advanced Member
Group: Contributor Received 28 Thanks Posts: 295 Joined: 26-October 06 Member No.: 192 |
I forgot to also contradict earlier advice given to you by someone. Section 107 does indeed specify that to commit an offence it must be in the course of a business or to prejudice the copyright holder. FACT view filesoup as a business because it receives donations, its as simple as that. You receive monetary gain from your users therefore you profit from whatever the site does. Yes of course it is donations for the servers etc but that will not cut any ice with FACT. Is profit not the key word here? Is there a different definition to the one I'm familiar with? |
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Aug 1 2009, 08:25 PM
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#24
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![]() Advanced Member
Group: sVIP Received 532 Thanks Posts: 2,754 Joined: 12-November 07 Member No.: 353 ![]() |
I would like, somewhat belatedly, to express my sympathy with you Geeker and express my disgust at the way you were treated by the police. I think that you have already received some excellent advice from the various posts here and would also like to direct you to http://www.communitylegaladvice.org.uk/index.jsp
who provide free legal advice to those that qualify on income. They will be unable to represent you in court probably but will be able to clarify your legal status. I have a suggestion that may help spread the word about this and also give some plausible deniability to people downloading from the site. My idea is that posters should make a bumper zip of all torrents and nzbs loaded that day and encourage all their online friends to download this zip every day whether they download from torrents or newsgroups or not. This would increase site throughput which would help the site financially, make it more difficult for people to make a case based on the traffic from the site and also give people a chance to say fuck you to a public private partnership in law enforcement and control of the net, regardless of whether they come here for filesharing or not. |
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Aug 1 2009, 09:14 PM
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#25
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Ball Of Madness Champion!Advanced Member
Group: Contributor Received 2 Thanks Posts: 95 Joined: 31-October 08 Member No.: 51,895 ![]() |
Am i right to presume(assume) never get those 2 right, that they have full access to this site and member lists, IP addresses and full view of the torrents, forum this thread etc?
This post has been edited by GBU: Aug 1 2009, 09:15 PM |
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Aug 2 2009, 07:04 PM
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#26
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![]() Advanced Member
Group: VIP Received 135 Thanks Posts: 1,699 Joined: 12-March 07 From: United Kingdom Member No.: 268 ![]() |
I've just noticed this thread and I am shocked and appalled!
I hope things get squared away, Geeker - and make sure you make the bastards pay in the courts for violating your human rights! |
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Aug 2 2009, 11:07 PM
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#27
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![]() Advanced Member
Group: Contributor+ Received 164 Thanks Posts: 2,787 Joined: 14-February 09 From: fife Member No.: 58,032 ![]() |
if that was te case then it would not be a donation it would be the bill. donation is money given freely to pay for something is a bill which has to be paid so there for te donations that are given to filesoup are not in payment of anything and are simply DONATIONS do not confuse the two.therefore the filesoup cannot be deamed a business. well that is what i think anyway
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Aug 3 2009, 06:37 AM
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#28
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![]() AdminEmu
Group: Root Admin Received 256 Thanks Posts: 14,469 Joined: 13-August 03 Member No.: 3 ![]() |
To add to what xena1968 has already said, the Donation/Support page for Filesoup clearly states:
Disclaimer By making a donation towards our site running costs, you agree that you understand we are a non-profit organization, supported partly by advertising revenue and from Member donations. You understand that you are not donating to be able to download any content whatsoever, you are donating to help keep the site maintained and running, this is why it is called a donation. We encourage every member to contribute to the community in any way that they can. Since we have to pay for our servers, bandwidth, licences and other expenses every month to keep things going, we ask for those of you who can, that you make a monetary contribution by way of a donation for whatever amount you are able to... Every donation helps!
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Aug 3 2009, 09:27 AM
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#29
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![]() Advanced Member
Group: sVIP Received 139 Thanks Posts: 2,931 Joined: 24-January 08 From: Northeast Ohio Member No.: 506 ![]() |
I really hope you tear them up.
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Aug 3 2009, 01:48 PM
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#30
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Crystal Clear Champion!![]() Angels should be aware of those who hunt feathers
Group: Contributor+ Received 151 Thanks Posts: 691 Joined: 8-November 05 From: Kilmarnock, Scotland Member No.: 582 |
its taken me a while to get through this thread (scratched cornea y'see!) but now that I have let me just say that the amount of legal advice you've been given, Geeker, should at least help you stand up to these bullies - that's all they are.
They'll try and bully you and intimidate you into signing things (which Im glad to see you didn't do at the police station) They'll see that youre not about to be intimidated easily so they'll try and lay as much shit on you as possible to pressure you. As long as you keep your cool and play the game, you'll be fine - i'm sure of it. If these morons actually READ the disclaimer about donations then they would clearly see that its a non profitable system. Then again, they usually have their heads crammed so far up their clients asses to do or say anything logical. I wonder if you could counter sue for stupidity..? Give em hell trying to wrap you up in red tape dude!! you can do it! |
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Aug 4 2009, 09:20 AM
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#31
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![]() Advanced Member
Group: sVIP Received 12 Thanks Posts: 5,585 Joined: 3-September 03 From: Sydney Member No.: 125 |
We are all behind you Geeks Keep strong m8 & give the dog a pat from me |
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Aug 4 2009, 10:30 AM
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#32
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![]() Advanced Member
Group: Contributor+ Received 6 Thanks Posts: 166 Joined: 21-July 06 Member No.: 4,573 |
Damn man, that sucks! sorry if I'm not more helpful, just read it thru my mail..
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Aug 4 2009, 10:35 AM
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#33
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![]() Newbie
![]() Group: User Posts: 0 Joined: 2-May 07 Member No.: 224 |
I'm sorry to read of this B/S Geeker/
From what little I know of you laws, the disclaimer means nothing. All they see is copyright and copyrights and who's driving it? Bloody multinationals, and Sony's is the worst one of all. I hope you sort it soon Geeker. Later. |
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Aug 4 2009, 10:46 AM
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#34
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![]() I invented the giga-torrent.
Group: sVIP Posts: 1,616 Joined: 13-August 03 From: Pacific NW Member No.: 18,349 |
You really need to bust them on their flagrant violations of your rights.
Amnesty International in UK Phone: +44 20 7033 1500 Fax: +44 20 7033 1503 Address: 17-25 New Inn Yard The Human Rights Action Centre London, EC2A 3EA UNITED KINGDOM Email: sct@amnesty.org.uk Good luck my friend. |
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Aug 4 2009, 10:46 AM
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#35
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![]() Advanced Member
Group: Community Leader Posts: 32 Joined: 19-March 06 Member No.: 61 |
Sorry to hear of the hassles, this is complete bullshit. I wish you the best in being able to express and demonstrate your violated rights, and show this nonsense for what it is.
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Aug 4 2009, 10:50 AM
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#36
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Newbie
Group: Member Posts: 3 Joined: 16-August 06 Member No.: 5,233 |
Sorry to hear this
Very Sad You got that virus that downloaded warez to all of someones elses hard drivers you happened to have plugged into your machine, ;-) Don't know why hackers do that ;-) and as far as all other charges go, you just index right not upload and steal !!! Yes you have to prove your innocent BUT only if they can prove your guilty first ! if not there's gonna be not case !!! So Let them prove you guilty let your solictor get what they got, then once you know as much as them you can start to make a defence from there ! Was the policeman worried your might call an asterisk box and launch the biggist ddos attack know to man, and destory any evidence, all with one phone call !!! Wankers anyways !! Ps was this board related or torrent related ? RE-Posted http://justcolin.co.uk/news/filesoup.com-o...d-incommunicado Col This post has been edited by sircolin: Aug 4 2009, 10:58 AM |
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Aug 4 2009, 11:44 AM
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#37
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Advanced Member
Group: VIP Received 4 Thanks Posts: 301 Joined: 21-September 03 Member No.: 18,938 |
I hope they do read all the posts, they will then know what they can do with the Pc equipment. Sideways.
As always with our so called law enforcement. Not the thieves etc that get done, they know the system and get away with it. The cops cannot be bothered to go after them, to much paperwork. get the general public to sign a bit of paper, to be able to clear up a string of other things, that they cannot figure out. Keep up the good work Geeker. |
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Aug 4 2009, 11:58 AM
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#38
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![]() Advanced Member
Group: sVIP Received 7 Thanks Posts: 263 Joined: 16-November 05 Member No.: 366 |
The saga of your arrest does not sound at all unusual. That is pretty much what happens to people arrested here as well... sit and wait in an uncomfortable cell, no phone call, crappy food. Of course, I have never heard of anyone being arrested on such a charge!
My heart goes out to you, G. I hope it all ends well. HUGS. |
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Aug 4 2009, 12:28 PM
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#39
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Dr. Ron
Group: Member Received 2 Thanks Posts: 259 Joined: 18-October 07 From: Delray Beach, FL Member No.: 32,145 |
I hate to say that I do know exactly how you feel as I was as "guilty" as you and subject to false arrest AND an attempt at persecution.
It took one year for them to drop the charges, saying then I had broken no laws. Take care, keep up your spirits, their effect on you will last a while. Dr. Ron This post has been edited by ronhypnosis: Aug 4 2009, 06:51 PM |
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Aug 4 2009, 12:29 PM
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#40
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![]() Advanced Member
Group: VIP Received 33 Thanks Posts: 225 Joined: 16-November 03 Member No.: 397 |
Disgusting how you and your dog have been treated m8, I hope you get some proper representation and get some justice of your own.
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