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	<title>Comments on: Copyright Infringement and Theft – The Difference</title>
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	<description>Breaking File-sharing, Copyright and Privacy News</description>
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		<title>By: Copyright Infringement and Theft – The Difference &#124; TorrentForce Blog</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-832161</link>
		<dc:creator><![CDATA[Copyright Infringement and Theft – The Difference &#124; TorrentForce Blog]]></dc:creator>
		<pubDate>Sat, 10 Sep 2011 13:53:25 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-832161</guid>
		<description><![CDATA[[...] Copyright Infringement and Theft – The Difference [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Copyright Infringement and Theft – The Difference [...]</p>
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		<title>By: Jim</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-830937</link>
		<dc:creator><![CDATA[Jim]]></dc:creator>
		<pubDate>Tue, 06 Sep 2011 11:11:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-830937</guid>
		<description><![CDATA[Most people who have money can afford to spend it on computer programs, music, dvds, &amp; games therefore, they don&#039;t fileshare because they can afford to buy it outright. Less fortunate people who are poor however cannot. If they are smart and can control themselves they do not spend the money to buy the music, dvds &amp; games, etc.  They go without! There is no loss of revenue to the companies that are crying about copyright law and infringement. If filesharing were not allowed there would be no gossip umungst the middle to lower class about which song, movie or game is best, which could also be construed as free publicity. They would all be forced to do free things like bicycling or going to the park to see a free concert,  or to a friend&#039;s house where they can watch the movie, listen to the cd or play the game for FREE with a friend, like it used to be in the old days. Is that stealing? Is the friend breaking the law by sharing it with them? NO absolutely NOT. It is not a public performance, it is not broadcasted, but information is shared. Sharing used to be a good thing, at least that is what my mother taught me. If a friend copies a favorite LP record or cassette tape or vhs movie that is out of print and can&#039;t be bought onto a CD and gives it to you is that illegal. According to the RIAA &amp; MPAA it is because it is copied. Everytime technologies advance you have to buy new copies of the same works because the formats or mediums that play the works you have paid for in the past are phased out and eventually you cannot watch that movie, listen to that song or play that game. I have movies on 16 MM Film, Beta Tape, VHS Tape and now DVD, now there is Blueray. I Have music albums on 8-Track tape, Vinyl Lps, Cassette Tape and now Compact Disc and now there are Ipods, flash drives memory cards and hard drives. I have computer games on 5 &amp; a quarter inch floppy discs, 3 &amp; a half inch floppy discs and now CDs. How many times do we have to pay for THE SAME PRODUCT! File sharing is a means to be able to get and use the same product we had paid for and used before technology advanced without having to invest sometimes double the amount already invested just to still be able to use it. File sharing is a way for less fortunate people to still be able to have culture and education in their lives and be able to better themselves to become more productive members of society. If ever there was a case of milking the perverbial cow this is it.]]></description>
		<content:encoded><![CDATA[<p>Most people who have money can afford to spend it on computer programs, music, dvds, &amp; games therefore, they don&#8217;t fileshare because they can afford to buy it outright. Less fortunate people who are poor however cannot. If they are smart and can control themselves they do not spend the money to buy the music, dvds &amp; games, etc.  They go without! There is no loss of revenue to the companies that are crying about copyright law and infringement. If filesharing were not allowed there would be no gossip umungst the middle to lower class about which song, movie or game is best, which could also be construed as free publicity. They would all be forced to do free things like bicycling or going to the park to see a free concert,  or to a friend&#8217;s house where they can watch the movie, listen to the cd or play the game for FREE with a friend, like it used to be in the old days. Is that stealing? Is the friend breaking the law by sharing it with them? NO absolutely NOT. It is not a public performance, it is not broadcasted, but information is shared. Sharing used to be a good thing, at least that is what my mother taught me. If a friend copies a favorite LP record or cassette tape or vhs movie that is out of print and can&#8217;t be bought onto a CD and gives it to you is that illegal. According to the RIAA &amp; MPAA it is because it is copied. Everytime technologies advance you have to buy new copies of the same works because the formats or mediums that play the works you have paid for in the past are phased out and eventually you cannot watch that movie, listen to that song or play that game. I have movies on 16 MM Film, Beta Tape, VHS Tape and now DVD, now there is Blueray. I Have music albums on 8-Track tape, Vinyl Lps, Cassette Tape and now Compact Disc and now there are Ipods, flash drives memory cards and hard drives. I have computer games on 5 &amp; a quarter inch floppy discs, 3 &amp; a half inch floppy discs and now CDs. How many times do we have to pay for THE SAME PRODUCT! File sharing is a means to be able to get and use the same product we had paid for and used before technology advanced without having to invest sometimes double the amount already invested just to still be able to use it. File sharing is a way for less fortunate people to still be able to have culture and education in their lives and be able to better themselves to become more productive members of society. If ever there was a case of milking the perverbial cow this is it.</p>
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		<title>By: icefilms.info</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-830663</link>
		<dc:creator><![CDATA[icefilms.info]]></dc:creator>
		<pubDate>Mon, 05 Sep 2011 12:38:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-830663</guid>
		<description><![CDATA[It is more logical to say ownership is theft than to say copying is theft.

Ownership takes things away from others. Copying shares it.]]></description>
		<content:encoded><![CDATA[<p>It is more logical to say ownership is theft than to say copying is theft.</p>
<p>Ownership takes things away from others. Copying shares it.</p>
]]></content:encoded>
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		<title>By: Mike Rod</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-830327</link>
		<dc:creator><![CDATA[Mike Rod]]></dc:creator>
		<pubDate>Sat, 03 Sep 2011 23:39:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-830327</guid>
		<description><![CDATA[Looking for a seebox? or perhaps wanting to move to a new place cause your current provider is charging too much? Check out Pulsed media...

http://pulsedmedia.com/clients/aff.php?aff=006

They have a ton of different options. Both 100mbps and 1gbps servers. And, they dont get all their servers from OVH like a lot of resellers, they get servers from many different providers to always have the best and fastest speeds. Currently they have a 1TB HDD, 2GB ram server for only 21.95€/Mo, unmanaged! And with your choice of OS!

They also have a starter version with 70GB HDD, 250MB Ram unmetered for only 11USD a month as well as a 8TB hdd, 8gb ram server for 150 USD a month!

Check them out...

http://pulsedmedia.com/clients/aff.php?aff=006]]></description>
		<content:encoded><![CDATA[<p>Looking for a seebox? or perhaps wanting to move to a new place cause your current provider is charging too much? Check out Pulsed media&#8230;</p>
<p><a href="http://pulsedmedia.com/clients/aff.php?aff=006" rel="nofollow">http://pulsedmedia.com/clients/aff.php?aff=006</a></p>
<p>They have a ton of different options. Both 100mbps and 1gbps servers. And, they dont get all their servers from OVH like a lot of resellers, they get servers from many different providers to always have the best and fastest speeds. Currently they have a 1TB HDD, 2GB ram server for only 21.95€/Mo, unmanaged! And with your choice of OS!</p>
<p>They also have a starter version with 70GB HDD, 250MB Ram unmetered for only 11USD a month as well as a 8TB hdd, 8gb ram server for 150 USD a month!</p>
<p>Check them out&#8230;</p>
<p><a href="http://pulsedmedia.com/clients/aff.php?aff=006" rel="nofollow">http://pulsedmedia.com/clients/aff.php?aff=006</a></p>
]]></content:encoded>
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		<title>By: Canadianintoronto</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-829766</link>
		<dc:creator><![CDATA[Canadianintoronto]]></dc:creator>
		<pubDate>Thu, 01 Sep 2011 19:53:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-829766</guid>
		<description><![CDATA[my brother develops software, and I secretly copy his companies computer when he visits, and then file share...it&#039;s cool to make software that costs $2500 to license free to everyone.  they had some layoffs last year...I hope I wasn&#039;t to blame.]]></description>
		<content:encoded><![CDATA[<p>my brother develops software, and I secretly copy his companies computer when he visits, and then file share&#8230;it&#8217;s cool to make software that costs $2500 to license free to everyone.  they had some layoffs last year&#8230;I hope I wasn&#8217;t to blame.</p>
]]></content:encoded>
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	<item>
		<title>By: V de Vergüenza &#187; Blog Archive &#187; EUA:Infracción al copyright y robo, la diferencia.</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-829730</link>
		<dc:creator><![CDATA[V de Vergüenza &#187; Blog Archive &#187; EUA:Infracción al copyright y robo, la diferencia.]]></dc:creator>
		<pubDate>Thu, 01 Sep 2011 18:20:02 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-829730</guid>
		<description><![CDATA[[...] Artículo original:  http://torrentfreak.com/copyright-infringement-and-theft-%E2%80%93-the-difference-110827/ [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Artículo original:  <a href="http://torrentfreak.com/copyright-infringement-and-theft-%E2%80%93-the-difference-110827/" rel="nofollow">http://torrentfreak.com/copyright-infringement-and-theft-%E2%80%93-the-difference-110827/</a> [...]</p>
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	<item>
		<title>By: Ven</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-829259</link>
		<dc:creator><![CDATA[Ven]]></dc:creator>
		<pubDate>Wed, 31 Aug 2011 03:30:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-829259</guid>
		<description><![CDATA[@Rob8urcakes

So according to you my response is warped, crap, and easily shot down by a law student. It is lies, deception, and stupidity.

You care to step up to the plate and logically dissect my argument to show all those flaws, or will you continue to commit Ad Hominem, weak Appeals to Authority, Appeal to Ridicule, and other logical fallacies?

]]></description>
		<content:encoded><![CDATA[<p>@Rob8urcakes</p>
<p>So according to you my response is warped, crap, and easily shot down by a law student. It is lies, deception, and stupidity.</p>
<p>You care to step up to the plate and logically dissect my argument to show all those flaws, or will you continue to commit Ad Hominem, weak Appeals to Authority, Appeal to Ridicule, and other logical fallacies?</p>
]]></content:encoded>
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	<item>
		<title>By: Ven</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-829257</link>
		<dc:creator><![CDATA[Ven]]></dc:creator>
		<pubDate>Wed, 31 Aug 2011 03:23:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-829257</guid>
		<description><![CDATA[@Jay

No, copyright is setup to give financial incentive to content creators (artists). When artists sign to labels, they are trading most if not all of that potential income for the ability to be publicized widely. Then they turn around gross 150 million touring for a year, a much larger percent of that coming back to them.

The artists are in contracts for the publicity, which is why (if they are smart) they will love getting their music pirated. However, once they have signed a contract saying that their royalties will be paid in part to someone else, then the artists no longer have the right to stand up and declare that they are the copyright holders and are okay with their works being shared.

If royalties are going to labels and not artists (as mutually agreed upon in their contract), then the labels are the ones who should be deciding whether or not file-sharing is okay. 
]]></description>
		<content:encoded><![CDATA[<p>@Jay</p>
<p>No, copyright is setup to give financial incentive to content creators (artists). When artists sign to labels, they are trading most if not all of that potential income for the ability to be publicized widely. Then they turn around gross 150 million touring for a year, a much larger percent of that coming back to them.</p>
<p>The artists are in contracts for the publicity, which is why (if they are smart) they will love getting their music pirated. However, once they have signed a contract saying that their royalties will be paid in part to someone else, then the artists no longer have the right to stand up and declare that they are the copyright holders and are okay with their works being shared.</p>
<p>If royalties are going to labels and not artists (as mutually agreed upon in their contract), then the labels are the ones who should be deciding whether or not file-sharing is okay. </p>
]]></content:encoded>
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		<title>By: Mathew Deane</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-829173</link>
		<dc:creator><![CDATA[Mathew Deane]]></dc:creator>
		<pubDate>Tue, 30 Aug 2011 21:52:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-829173</guid>
		<description><![CDATA[Woow I can&#039;t believe this me and my sister just lost two i-pads and a $50 Amazon card while we were both reading this article.  If anyone tries to sell you them for $47.00 and the Amazon card for $9 please contact the RIAA.  I heard they are the new prosecutors and enforcers of criminals for theft.]]></description>
		<content:encoded><![CDATA[<p>Woow I can&#8217;t believe this me and my sister just lost two i-pads and a $50 Amazon card while we were both reading this article.  If anyone tries to sell you them for $47.00 and the Amazon card for $9 please contact the RIAA.  I heard they are the new prosecutors and enforcers of criminals for theft.</p>
]]></content:encoded>
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	<item>
		<title>By: Fredrika</title>
		<link>/copyright-infringement-and-theft-%e2%80%93-the-difference-110827/#comment-829134</link>
		<dc:creator><![CDATA[Fredrika]]></dc:creator>
		<pubDate>Tue, 30 Aug 2011 20:08:00 +0000</pubDate>
		<guid isPermaLink="false">http://torrentfreak.com/?p=39040#comment-829134</guid>
		<description><![CDATA[&gt; &lt;i&gt;&quot;What you are quoting from is Infodocc&#039;s reporting and, even then, you have fraudulently embellished that in an attempt to bolster your failed argument.&quot;&lt;/i&gt;

The relevant words Infodocc used was directly lifted from the actual sentence, regarding which particular crimes has been committed.

My argument was that the judicial term &lt;i&gt;theft&lt;/i&gt;, or the expression &quot;&lt;i&gt;copyright theft&lt;/i&gt; was not to be found in the sentence. It wasn&#039;t. It was something completely different. I then chose to translate that somewhat to point out that the British language media translation of the case was way of.

If you feel that you can translate in an even more exact manner, please do so, but you should agree that &lt;i&gt;&quot;Ihnen wurden insgesamt 130 Verstöße gegen das Urheberrechtsgesetz und 98 Fälle des Ausspähens von Daten nach § 202a StGB zur Last gelegt.

Zudem verwirkliche die angedrohte Veröffentlichung der privaten Fotos gegen Erstellung eines „Shout Out“ den Straftatbestand der Nötigung nach § 240 StGB.&quot;&lt;/i&gt; does not say &lt;i&gt;&quot;copyright theft&quot;&lt;/i&gt;.


&gt; &lt;i&gt;&quot;Nowhere therein are the charges and sentencing specified as being &quot;copyright infringement&quot; those are words which you have added.&quot;&lt;/i&gt;

I have not claimed otherwise, it was on the contrary &lt;b&gt;you&lt;/b&gt; who claimed that they had been sentenced for &lt;i&gt;&quot;copyright theft&quot;&lt;/i&gt;. There&#039;s no support for that claim in the actual sentence or the original German news reports.


&gt; &lt;i&gt;&quot;The world and his friend are reporting the convictions as &quot;Copyright theft&quot;. You may wish to pretend that they are not but the fact is they are&quot;&lt;/i&gt;

I have not denied how the world chooses to report it. But as i said, which words the media outlets chose to report it with, does not equate that &lt;b&gt;the actual crime&lt;/b&gt; that was committed was &lt;i&gt;&quot;copyright theft&quot;&lt;/i&gt; according to any legislation.

We are discussion the actual judicial facts, and those do not support your initial claim, that uploading or downloading copyrighted works through illegal filesharing &lt;b&gt;is &lt;i&gt;theft&lt;/i&gt; in accordance to the judicial or correct use of the word, or the UK Theft Act.&lt;/b&gt;


&gt; &lt;i&gt;&quot;I refer you to my earlier links in relation to the charges, conviction, sentencing and summary explanation of the rationale of same in relation to Anne Muir. You asked me to provide you with proof of a conviction in the UK and the opinion of a judge in relation to the conviction.&quot;&lt;/i&gt;

You did &lt;b&gt;not&lt;/b&gt; provide me with reference to a conviction that sentenced a person filesharing for &lt;b&gt;theft&lt;/b&gt; according to the UK Theft Act. &lt;b&gt;That&lt;/b&gt; was what i asked for.

The sentence you brought up was regarding a &lt;b&gt;contravention of section 107(1)(e) of the Copyright, Designs and Patents Act 1988&lt;/b&gt;. Not &lt;b&gt;theft&lt;/b&gt; according to the UK Theft Act.

The later expressed opinion of the judge in the case does not change that fact.


&gt; &lt;i&gt;&quot;You, on the other hand, can provide nothing substantive to back up your opinion that there is no such crime as copyright theft..&quot;&lt;/i&gt;

The burden of proof does not lie upon me, since i&#039;m not the one who claimed that it exists as a &lt;b&gt;judicial term&lt;/b&gt; or crime. You claimed that, you have zero sentences to back that up.


&gt; &lt;i&gt;&quot;..even when presented with the published qualified legal opinion of the presiding judge in the case in point.&quot;&lt;/i&gt;

You mean the case where someone was convicted of was a contravention of section 107(1)(e) of the Copyright, Designs and Patents Act 1988, as opposed to &lt;i&gt;theft&lt;/i&gt;?

And no, it was not a legal opinion, the legal opinion of the judge can be found in the actual sentence. The latter expressed words was the judges personal thought, and those in turn had no support in the actual sentence.


&gt; &lt;i&gt;&quot;Only you can see the word &quot;infringement&quot; in the report and that is because you have elected to include it in a poor attempt to justify your &quot;argument&quot;.&quot;&lt;/i&gt;

My argument was that &lt;i&gt;copyright theft&lt;/i&gt; wasn&#039;t what they had actually been convicted of. It wasn&#039;t. That&#039;s a fact. I don&#039;t have to justify anything.


&gt; &lt;i&gt;&quot;I think what you meant to say was that the google reports of the convictions for &quot;Copyright Theft&quot; were at odds with the one report you chose to misrepresent and embellish by adding the words &quot;copyright infringement&quot; when those words appear nowhere in either the infodocc report or any translation of same.&quot;&lt;/i&gt;

No, what i meant to say was that your claim that they were sentenced for &lt;i&gt;copyright theft&lt;/i&gt; was erroneous. As we could see when we looked at what they actually were sentenced of, it &lt;b&gt;was&lt;/b&gt; erroneous.


&gt; &lt;i&gt;&quot;You are conveniently overlooking the fact that copyright (and it&#039;s infringement / theft) transcends international borders - don&#039;t tell me you weren&#039;t aware of the fact - it&#039;s one of the pirates bugbears. This is 2011 - plaintiffs can bring proceedings under their home legislation in other countries.&quot;&lt;/i&gt;

That does not change the fact they weren&#039;t convicted of the judicial act of &lt;b&gt;theft&lt;/b&gt;, or &lt;i&gt;copyright theft&lt;/i&gt;.


&gt;&gt; &lt;i&gt;&quot;Isn&#039;t the discussing based around your claim that uploading and downloading judicially constitutes theft according to the UK Theft Act?&quot;

&gt; &quot;Yes, and I have provided quotes from a judge attesting to that fact - did you miss that bit?&quot;&lt;/i&gt;

No you did not. The judge did &lt;b&gt;not&lt;/b&gt; say that uploading and downloading &lt;b&gt;judicially constitutes theft according to the UK Theft Act&lt;/b&gt;.


&gt; &lt;i&gt;&quot;&quot;Theft&quot; is a judicial term and &quot;copyright&quot; is a judicial term.&quot;&lt;/i&gt;

From two &lt;b&gt;different&lt;/b&gt; legislations yes.


&gt; &lt;i&gt;&quot;Criminal activities (such as downloading) which cross both legislative bodies will attract a criminal charge.&quot;&lt;/i&gt;

Never the charge of &lt;b&gt;theft&lt;/b&gt;.


&gt; &lt;i&gt;&quot;The terminology of the charge is largely irrelevant it is the crime - not the judicial term which is on trial in the eyes of the law.&quot;&lt;/i&gt;

The terminology of the charge or act &lt;b&gt;is exactly&lt;/b&gt; what we talk about, and the fact that uploading and downloading judicially &lt;b&gt;isn&#039;t&lt;/b&gt; theft &lt;b&gt;according to the UK Theft Act&lt;/b&gt;, but only your interpretation of it, which no actual sentence supports, only personal opinions.



&gt; &lt;i&gt;&quot;You have not provided us with what the German sentence actually said but rather your embellished version.&lt;/i&gt;

Oh i have, it was &lt;i&gt;&quot;Ihnen wurden insgesamt 130 Verstöße gegen das Urheberrechtsgesetz und 98 Fälle des Ausspähens von Daten nach § 202a StGB zur Last gelegt.

Zudem verwirkliche die angedrohte Veröffentlichung der privaten Fotos gegen Erstellung eines „Shout Out“ den Straftatbestand der Nötigung nach § 240 StGB.&quot;&lt;/i&gt;. The relevant parts of what crimes that they were sentenced for are lifted directly from the actual sentence.


&gt; &lt;i&gt;&quot;You asked me specifically to provide you with a &quot;claim from an UK justice official, that supports your illogical claim, that the judicial act of theft occurs when you upload or download copyrighted works through illegal filesharing&quot;.

Much to your embarrassment I provided you with exactly that by quoting the comments of the sentencing judge in the case of Anne Muir who said (again)
&quot;Illegally flouting copyright laws is tantamount to theft and not only deprives legitimate companies and artists of earnings, but also undermines the music industry as a whole&quot;.

Here is the dictionary definition of tantamount - &quot;equivalent in value, significance, or effect&quot;

What I have quoted verbatim is the &lt;b&gt;opinion&lt;/b&gt; of the judge.&quot;&lt;/i&gt;

Precisely, and the judge does not say that the &lt;b&gt;judicial&lt;/b&gt; act of &lt;b&gt;theft&lt;/b&gt; occurs when you upload or download copyrighted works through illegal filesharing. He provided a personal analogy saying that &lt;b&gt;she thinks&lt;/b&gt; that it is the same. I didn&#039;t ask for any judges personal analogies.


&gt; &lt;i&gt;&quot;Since you seem so au fait with copyright law please point me to the real world legislation (of whatever country you choose) that states that it is legally acceptable to make a copy or copies of a copyrighted work without having acquired the appropriate licence and permission from the copyright holder to do so.&quot;&lt;/i&gt;

Well, first of all there are many countries in the world where that is legal, the most well known for Europeans is Spain. Non-profit filesharing is completely legal there.

However, &lt;b&gt;i&#039;m not discussing whether it&#039;s legal or not&lt;/b&gt;? I&#039;m discussing the fact that the act of illegal filesharing isn&#039;t something that you can be judicially convicted of for the judicial act of &lt;b&gt;theft&lt;/b&gt;.


&gt; &lt;i&gt;&quot;Oh, right - so you were simply trying to split hairs over semantics and back tracking on your original assertion, I see.&quot;&lt;/i&gt;

You seem to be confused. Please follow the thread backwards, to your first post, where &lt;b&gt;you&lt;/b&gt; brought up the UK Theft Act, as relevant to what crime that actually is committed. As we have discovered, the UK Theft Act has nothing to do with filesharing. Filesharing is never &lt;b&gt;theft&lt;/b&gt; according to the UK Theft Act, any other law, or the correct use of the word. This is an indisputable fact.

It can only be &lt;i&gt;theft&lt;/i&gt; according to peoples personal subjective opinions, or analogies. Someone&#039;s personal subjective opinion or analogy however, doesn&#039;t decide what is &lt;i&gt;theft&lt;/i&gt;, sentences according to the law does that, and those do not support those opinions.


&gt; &lt;i&gt;&quot;The reality is this - people have been convicted, and will continue to be convicted, for a crime &lt;b&gt;which you assert has no legal standing&lt;/b&gt;.&quot;&lt;/i&gt;

I have never made such claim. Again you seem to have lost the thread, that you yourself started.]]></description>
		<content:encoded><![CDATA[<p>&gt; <i>&#8220;What you are quoting from is Infodocc&#8217;s reporting and, even then, you have fraudulently embellished that in an attempt to bolster your failed argument.&#8221;</i></p>
<p>The relevant words Infodocc used was directly lifted from the actual sentence, regarding which particular crimes has been committed.</p>
<p>My argument was that the judicial term <i>theft</i>, or the expression &#8220;<i>copyright theft</i> was not to be found in the sentence. It wasn&#8217;t. It was something completely different. I then chose to translate that somewhat to point out that the British language media translation of the case was way of.</p>
<p>If you feel that you can translate in an even more exact manner, please do so, but you should agree that <i>&#8220;Ihnen wurden insgesamt 130 Verstöße gegen das Urheberrechtsgesetz und 98 Fälle des Ausspähens von Daten nach § 202a StGB zur Last gelegt.</p>
<p>Zudem verwirkliche die angedrohte Veröffentlichung der privaten Fotos gegen Erstellung eines „Shout Out“ den Straftatbestand der Nötigung nach § 240 StGB.&#8221;</i> does not say <i>&#8220;copyright theft&#8221;</i>.</p>
<p>&gt; <i>&#8220;Nowhere therein are the charges and sentencing specified as being &#8220;copyright infringement&#8221; those are words which you have added.&#8221;</i></p>
<p>I have not claimed otherwise, it was on the contrary <b>you</b> who claimed that they had been sentenced for <i>&#8220;copyright theft&#8221;</i>. There&#8217;s no support for that claim in the actual sentence or the original German news reports.</p>
<p>&gt; <i>&#8220;The world and his friend are reporting the convictions as &#8220;Copyright theft&#8221;. You may wish to pretend that they are not but the fact is they are&#8221;</i></p>
<p>I have not denied how the world chooses to report it. But as i said, which words the media outlets chose to report it with, does not equate that <b>the actual crime</b> that was committed was <i>&#8220;copyright theft&#8221;</i> according to any legislation.</p>
<p>We are discussion the actual judicial facts, and those do not support your initial claim, that uploading or downloading copyrighted works through illegal filesharing <b>is <i>theft</i> in accordance to the judicial or correct use of the word, or the UK Theft Act.</b></p>
<p>&gt; <i>&#8220;I refer you to my earlier links in relation to the charges, conviction, sentencing and summary explanation of the rationale of same in relation to Anne Muir. You asked me to provide you with proof of a conviction in the UK and the opinion of a judge in relation to the conviction.&#8221;</i></p>
<p>You did <b>not</b> provide me with reference to a conviction that sentenced a person filesharing for <b>theft</b> according to the UK Theft Act. <b>That</b> was what i asked for.</p>
<p>The sentence you brought up was regarding a <b>contravention of section 107(1)(e) of the Copyright, Designs and Patents Act 1988</b>. Not <b>theft</b> according to the UK Theft Act.</p>
<p>The later expressed opinion of the judge in the case does not change that fact.</p>
<p>&gt; <i>&#8220;You, on the other hand, can provide nothing substantive to back up your opinion that there is no such crime as copyright theft..&#8221;</i></p>
<p>The burden of proof does not lie upon me, since i&#8217;m not the one who claimed that it exists as a <b>judicial term</b> or crime. You claimed that, you have zero sentences to back that up.</p>
<p>&gt; <i>&#8220;..even when presented with the published qualified legal opinion of the presiding judge in the case in point.&#8221;</i></p>
<p>You mean the case where someone was convicted of was a contravention of section 107(1)(e) of the Copyright, Designs and Patents Act 1988, as opposed to <i>theft</i>?</p>
<p>And no, it was not a legal opinion, the legal opinion of the judge can be found in the actual sentence. The latter expressed words was the judges personal thought, and those in turn had no support in the actual sentence.</p>
<p>&gt; <i>&#8220;Only you can see the word &#8220;infringement&#8221; in the report and that is because you have elected to include it in a poor attempt to justify your &#8220;argument&#8221;.&#8221;</i></p>
<p>My argument was that <i>copyright theft</i> wasn&#8217;t what they had actually been convicted of. It wasn&#8217;t. That&#8217;s a fact. I don&#8217;t have to justify anything.</p>
<p>&gt; <i>&#8220;I think what you meant to say was that the google reports of the convictions for &#8220;Copyright Theft&#8221; were at odds with the one report you chose to misrepresent and embellish by adding the words &#8220;copyright infringement&#8221; when those words appear nowhere in either the infodocc report or any translation of same.&#8221;</i></p>
<p>No, what i meant to say was that your claim that they were sentenced for <i>copyright theft</i> was erroneous. As we could see when we looked at what they actually were sentenced of, it <b>was</b> erroneous.</p>
<p>&gt; <i>&#8220;You are conveniently overlooking the fact that copyright (and it&#8217;s infringement / theft) transcends international borders &#8211; don&#8217;t tell me you weren&#8217;t aware of the fact &#8211; it&#8217;s one of the pirates bugbears. This is 2011 &#8211; plaintiffs can bring proceedings under their home legislation in other countries.&#8221;</i></p>
<p>That does not change the fact they weren&#8217;t convicted of the judicial act of <b>theft</b>, or <i>copyright theft</i>.</p>
<p>&gt;&gt; <i>&#8220;Isn&#8217;t the discussing based around your claim that uploading and downloading judicially constitutes theft according to the UK Theft Act?&#8221;</p>
<p>&gt; &#8220;Yes, and I have provided quotes from a judge attesting to that fact &#8211; did you miss that bit?&#8221;</i></p>
<p>No you did not. The judge did <b>not</b> say that uploading and downloading <b>judicially constitutes theft according to the UK Theft Act</b>.</p>
<p>&gt; <i>&#8220;&#8221;Theft&#8221; is a judicial term and &#8220;copyright&#8221; is a judicial term.&#8221;</i></p>
<p>From two <b>different</b> legislations yes.</p>
<p>&gt; <i>&#8220;Criminal activities (such as downloading) which cross both legislative bodies will attract a criminal charge.&#8221;</i></p>
<p>Never the charge of <b>theft</b>.</p>
<p>&gt; <i>&#8220;The terminology of the charge is largely irrelevant it is the crime &#8211; not the judicial term which is on trial in the eyes of the law.&#8221;</i></p>
<p>The terminology of the charge or act <b>is exactly</b> what we talk about, and the fact that uploading and downloading judicially <b>isn&#8217;t</b> theft <b>according to the UK Theft Act</b>, but only your interpretation of it, which no actual sentence supports, only personal opinions.</p>
<p>&gt; <i>&#8220;You have not provided us with what the German sentence actually said but rather your embellished version.</i></p>
<p>Oh i have, it was <i>&#8220;Ihnen wurden insgesamt 130 Verstöße gegen das Urheberrechtsgesetz und 98 Fälle des Ausspähens von Daten nach § 202a StGB zur Last gelegt.</p>
<p>Zudem verwirkliche die angedrohte Veröffentlichung der privaten Fotos gegen Erstellung eines „Shout Out“ den Straftatbestand der Nötigung nach § 240 StGB.&#8221;</i>. The relevant parts of what crimes that they were sentenced for are lifted directly from the actual sentence.</p>
<p>&gt; <i>&#8220;You asked me specifically to provide you with a &#8220;claim from an UK justice official, that supports your illogical claim, that the judicial act of theft occurs when you upload or download copyrighted works through illegal filesharing&#8221;.</p>
<p>Much to your embarrassment I provided you with exactly that by quoting the comments of the sentencing judge in the case of Anne Muir who said (again)<br />
&#8220;Illegally flouting copyright laws is tantamount to theft and not only deprives legitimate companies and artists of earnings, but also undermines the music industry as a whole&#8221;.</p>
<p>Here is the dictionary definition of tantamount &#8211; &#8220;equivalent in value, significance, or effect&#8221;</p>
<p>What I have quoted verbatim is the <b>opinion</b> of the judge.&#8221;</i></p>
<p>Precisely, and the judge does not say that the <b>judicial</b> act of <b>theft</b> occurs when you upload or download copyrighted works through illegal filesharing. He provided a personal analogy saying that <b>she thinks</b> that it is the same. I didn&#8217;t ask for any judges personal analogies.</p>
<p>&gt; <i>&#8220;Since you seem so au fait with copyright law please point me to the real world legislation (of whatever country you choose) that states that it is legally acceptable to make a copy or copies of a copyrighted work without having acquired the appropriate licence and permission from the copyright holder to do so.&#8221;</i></p>
<p>Well, first of all there are many countries in the world where that is legal, the most well known for Europeans is Spain. Non-profit filesharing is completely legal there.</p>
<p>However, <b>i&#8217;m not discussing whether it&#8217;s legal or not</b>? I&#8217;m discussing the fact that the act of illegal filesharing isn&#8217;t something that you can be judicially convicted of for the judicial act of <b>theft</b>.</p>
<p>&gt; <i>&#8220;Oh, right &#8211; so you were simply trying to split hairs over semantics and back tracking on your original assertion, I see.&#8221;</i></p>
<p>You seem to be confused. Please follow the thread backwards, to your first post, where <b>you</b> brought up the UK Theft Act, as relevant to what crime that actually is committed. As we have discovered, the UK Theft Act has nothing to do with filesharing. Filesharing is never <b>theft</b> according to the UK Theft Act, any other law, or the correct use of the word. This is an indisputable fact.</p>
<p>It can only be <i>theft</i> according to peoples personal subjective opinions, or analogies. Someone&#8217;s personal subjective opinion or analogy however, doesn&#8217;t decide what is <i>theft</i>, sentences according to the law does that, and those do not support those opinions.</p>
<p>&gt; <i>&#8220;The reality is this &#8211; people have been convicted, and will continue to be convicted, for a crime <b>which you assert has no legal standing</b>.&#8221;</i></p>
<p>I have never made such claim. Again you seem to have lost the thread, that you yourself started.</p>
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