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Arrested, now on bail... guilty until I prove I'm innocent

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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> Arrested, now on bail... guilty until I prove I'm innocent
enigmaenigma
post Aug 1 2009, 07:28 PM
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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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Geeker
post Aug 1 2009, 07:56 PM
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Thank you very much themole and chuck, I really appreciate it thumbsup.gif

I'll get in contact with you both soon.

Edit
QUOTE (themole @ Aug 1 2009, 05:26 PM) *
Email me for further details.

I tried, but your email address got bounced back unsure.gif
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small
post Aug 1 2009, 08:17 PM
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QUOTE (themole @ Aug 1 2009, 06:08 PM) *
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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Foghorn
post Aug 1 2009, 08:25 PM
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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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GBU
post Aug 1 2009, 09:14 PM
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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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m15hun
post Aug 2 2009, 07:04 PM
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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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xena1968
post Aug 2 2009, 11:07 PM
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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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Geeker
post Aug 3 2009, 06:37 AM
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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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owlguy223
post Aug 3 2009, 09:27 AM
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I really hope you tear them up.
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xCassiopeiAx
post Aug 3 2009, 01:48 PM
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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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Lens
post Aug 4 2009, 09:20 AM
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shock.gif

We are all behind you Geeks

Keep strong m8 & give the dog a pat from me
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Prathik89
post Aug 4 2009, 10:30 AM
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Damn man, that sucks! sorry if I'm not more helpful, just read it thru my mail..
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Bert51
post Aug 4 2009, 10:35 AM
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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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metalseed
post Aug 4 2009, 10:46 AM
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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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ehm9000
post Aug 4 2009, 10:46 AM
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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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sircolin
post Aug 4 2009, 10:50 AM
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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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Sheepdog
post Aug 4 2009, 11:44 AM
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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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Wicked
post Aug 4 2009, 11:58 AM
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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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ronhypnosis
post Aug 4 2009, 12:28 PM
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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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LeJimster
post Aug 4 2009, 12:29 PM
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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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