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UK R4 importer jailed
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Author:  pcernie [ Tue Jan 19, 2010 12:25 am ]
Post subject:  UK R4 importer jailed

Quote:
A UK resident has been sent down for 12 months after pleading guilty to illegally importing R4 cards.

Yun Can Meng got 12 months for importing not just one or two R4 carts but over 26,500. Chances are he was part of something big and illegal.

The Entertainment and Leisure Software Association's (ELSPA) Crime Unit, Hull City Council Trading Standards Department and the Humberside Police all joined forces to deliver the hammer of justice in Hull Crown Criminal Court.

ELSPA team leader Michael Ralinson said, "Our crime unit is pleased with the outcome of this trial and pleased to see the Court of Appeal's copyright judgement is being robustly enforced. Intellectual property (IP) theft is an important issue for the country's videogames industry - as is protecting it."


http://www.computerandvideogames.com/ar ... ?id=231953

If only we'd give some violent offenders 12 months, eh? :roll:

Author:  Linux_User [ Tue Jan 19, 2010 1:18 am ]
Post subject:  Re: UK R4 importer jailed

ELSPA, now there's an organisation I despise.

Author:  LaptopAcidXperience [ Tue Jan 19, 2010 8:27 am ]
Post subject:  Re: UK R4 importer jailed

pcernie wrote:
Quote:

ELSPA team leader Michael Ralinson said, "Our crime unit is pleased with the outcome of this trial and pleased to see the Court of Appeal's copyright judgement is being robustly enforced. Intellectual property (IP) theft is an important issue for the country's videogames industry - as is protecting it."



Copyright? Intellectual Property? Crime Unit?

Copyright infringement is NOT A F**KING CRIME, ELSPA bastards trying to demonise downloading, just lower the price of stuff.

I've been an inveterate downloader for years and have just recently started buying MP3s and DVDs because they're so cheap it's easier and quicker than waiting days for stuff on bittorrent. Mind you Sony, BMG and Adobe can get f**ked until they drop prices and produce decent music/films/software.

Incidentally an R4 card allows the playing of "copyright infringing" (but not illegal) downloaded Nintendo DS games.

Author:  HeatherKay [ Tue Jan 19, 2010 8:44 am ]
Post subject:  Re: UK R4 importer jailed

LaptopAcidXperience wrote:
Incidentally an R4 card allows the playing of "copyright infringing" (but not illegal) downloaded Nintendo DS games.


I don't know where you get your definition of illegal from, but anything that infringes copyright is against the law.

Quote:
Copyright infringement (or copyright violation) is the unauthorized or prohibited use of works covered by copyright law, in a way that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.


Jus' sayin'.

Author:  timark_uk [ Tue Jan 19, 2010 8:48 am ]
Post subject:  Re: UK R4 importer jailed

HeatherKay wrote:
anything that infringes copyright is against the law.
For the time being … British Journal of Photography link

Mark

Author:  HeatherKay [ Tue Jan 19, 2010 8:54 am ]
Post subject:  Re: UK R4 importer jailed

I'm rather hoping we don't end up going with the US model.

Apparently, to claim copyright on your work in the US you have to register it with the government. Imagine having to register every single piece of original art, writing, photograph, music before you can legally claim it's yours.

Here, at the moment, you are gifted copyright as the creator.

Author:  timark_uk [ Tue Jan 19, 2010 8:58 am ]
Post subject:  Re: UK R4 importer jailed

HeatherKay wrote:
Apparently, to claim copyright on your work in the US you have to register it with the government. Imagine having to register every single piece of original art, writing, photograph, music before you can legally claim it's yours.
Wow. How long does it take to register a single image (for example) and be awarded the copyright for it, do you know?

Mark

Author:  HeatherKay [ Tue Jan 19, 2010 9:09 am ]
Post subject:  Re: UK R4 importer jailed

timark_uk wrote:
do you know?


I don't, actually. I have heard it discussed many times on various US-based photography podcasts I listen to. I understand the system is about to become electronic, so you can imagine how long it must take when you have to submit a paper form and copy of your images to the relevant office.

For those interested...

http://en.wikipedia.org/wiki/US_Copyright_Office
http://en.wikipedia.org/wiki/US_copyright_law

I don't quite know how far the "global" default copyright extends to US law, but it seems if you want to enforce your rights over anything in the US of A, it has to be registered to have the force of law.

Author:  LaptopAcidXperience [ Tue Jan 19, 2010 11:00 am ]
Post subject:  Re: UK R4 importer jailed

HeatherKay wrote:
LaptopAcidXperience wrote:
Incidentally an R4 card allows the playing of "copyright infringing" (but not illegal) downloaded Nintendo DS games.


I don't know where you get your definition of illegal from, but anything that infringes copyright is against the law.

Quote:
Copyright infringement (or copyright violation) is the unauthorized or prohibited use of works covered by copyright law, in a way that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.


Jus' sayin'.


My understanding is that copyright is a civil not criminal law hence the distinction "copyright law", it only becomes criminal and therefore illegal if it's done on a large scale and/or for profit.

Use of the terms "illegal downloading" and "vioaltion" (rape) are attempts to demonise a practice that whilst (arguably) morally wrong is not strictly speaking criminal.

Author:  finlay666 [ Tue Jan 19, 2010 11:32 am ]
Post subject:  Re: UK R4 importer jailed

LaptopAcidXperience wrote:
HeatherKay wrote:
LaptopAcidXperience wrote:
Incidentally an R4 card allows the playing of "copyright infringing" (but not illegal) downloaded Nintendo DS games.


I don't know where you get your definition of illegal from, but anything that infringes copyright is against the law.

Quote:
Copyright infringement (or copyright violation) is the unauthorized or prohibited use of works covered by copyright law, in a way that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.


Jus' sayin'.


My understanding is that copyright is a civil not criminal law hence the distinction "copyright law", it only becomes criminal and therefore illegal if it's done on a large scale and/or for profit.

Use of the terms "illegal downloading" and "vioaltion" (rape) are attempts to demonise a practice that whilst (arguably) morally wrong is not strictly speaking criminal.


Illegal is illegal, only difference between criminal/civil law will be who takes you to court and the punishment. I think over 26,000 units for the purposes of playing material you do not own copyright or rights to is a large scale and for profit. Same for the hosting sites of these materials.

Civil matter you would be taken to the cleaners by the copyright owner... Nintendo have a lot more money than you and will probably win.

Criminal matter the CPS take you to jail. Simples.

It's not arguably morally wrong. It is wrong, it is gaining profit by dishonest methods and is as bad as fraud or theft. It's not a victimless crime by any means and the criminals then make it worse for the real customers and the companies selling the service.

Author:  Geiseric [ Tue Jan 19, 2010 12:52 pm ]
Post subject:  Re: UK R4 importer jailed

Just sell the R4/R4i as a backup system/file holder for MP3, photo's movies etc.... (I've proobably over looked something as it appears to simple :lol: )

It's only the firmware allowing it to convert the ROMs.

Author:  LaptopAcidXperience [ Tue Jan 19, 2010 12:54 pm ]
Post subject:  Re: UK R4 importer jailed

finlay666 wrote:

Illegal is illegal, only difference between criminal/civil law will be who takes you to court and the punishment. I think over 26,000 units for the purposes of playing material you do not own copyright or rights to is a large scale and for profit. Same for the hosting sites of these materials.

Civil matter you would be taken to the cleaners by the copyright owner... Nintendo have a lot more money than you and will probably win.

Criminal matter the CPS take you to jail. Simples.

It's not arguably morally wrong. It is wrong, it is gaining profit by dishonest methods and is as bad as fraud or theft. It's not a victimless crime by any means and the criminals then make it worse for the real customers and the companies selling the service.


The incident in point (especially as reported) was not criminal because R4's are legal, so the guy must have been convicted of something illegal like tax evasion, not copyright infringement because that's civil and doesn't result in a criminal record (yet), although it could lead to a criminal prosecution.

Copyright infringement is not a black and white area, so yes it is arguable, the recent Oink case has proved that, ask 50 Cent or Billy Brag, they see it as good marketing and promotion. It's part and parcel of the industry now, in some cases I'll pay for music if the money goes directly to the artist/producer but if it goes to record companies/film studios that really are immoral and criminal I'm happy for them to be the victims (especially as I'm not doing it on a large scale or to make a profit). Make no mistake, these companies are intrinsically dishonest I know this from personal experience as a result of an ongoing wrangle over publishing rights to my own material. If their business practices were the same as the small labels I subscribe to and buy material from then I wouldn't do it. They are the playground bullies, and they don't like being punched back so f**k them.

Author:  finlay666 [ Tue Jan 19, 2010 3:05 pm ]
Post subject:  Re: UK R4 importer jailed

LaptopAcidXperience wrote:
The incident in point (especially as reported) was not criminal because R4's are legal, so the guy must have been convicted of something illegal like tax evasion, not copyright infringement because that's civil and doesn't result in a criminal record (yet), although it could lead to a criminal prosecution.

LaptopAcidXperience wrote:
My understanding is that copyright is a civil not criminal law hence the distinction "copyright law", it only becomes criminal and therefore illegal if it's done on a large scale and/or for profit.


:roll:

Author:  LaptopAcidXperience [ Tue Jan 19, 2010 3:44 pm ]
Post subject:  Re: UK R4 importer jailed

Alright smart arse.

Author:  MrStevenRogers [ Tue Jan 19, 2010 4:27 pm ]
Post subject:  Re: UK R4 importer jailed

Quote:
7. Restricted acts

It is an offence to perform any of the following acts without the consent of the owner:

Copy the work.

Rent, lend or issue copies of the work to the public.

Perform, broadcast or show the work in public.

Adapt the work.

The author of a work, or a director of a film may also have certain moral rights:

The right to be identified as the author.

Right to object to derogatory treatment.


Fact sheet P-01: UK Copyright Law
http://www.copyrightservice.co.uk/copyr ... yright_law

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