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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  Man charged for illegal downdloading using WinMX
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Author Topic: Man charged for illegal downdloading using WinMX  (Read 2270 times)

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Offline p2p rules

  • Forum Member
Man charged for illegal downdloading using WinMX
« on: March 20, 2006, 05:06:16 pm »
Quote
Tech News
Man who can't switch on computer faces illegal downloading suit
By DPA
Mar 19, 2006, 19:00 GMT

Hong Kong - A single parent who claims he doesn't know how to switch on a computer is being sued by seven record companies for illegally uploading music on to the internet, a Hong Kong news report said Sunday.

Yeung Chun-choi, who lives off welfare benefits, has been issued with a summons alleging that on numerous occasions before November 7 2005 he illegally uploaded, downloaded and stored copies of copyright music.

But the 54-year-old widower and father-of-four says he doesn\'t know how to switch the computer on, let alone use it, according to a report in the Sunday Morning Post.

He claims the computer was donated to his family by social services and was used by his youngest daughters aged 15 and 16 to do their homework. He believes the girls may be responsible as he often heard music coming from the computer.

If the court says I've done something wrong, I've probably done something wrong. But I hope they will understand that I don't know what my children are doing on the computer,he told reporters.

I don't know anything about computers. I don't even know how to switch it on.

The writ was filed in the High Court Friday on behalf of Cinepoly, Emperor Entertainment; Go East Entertainment, Gold Label Entertainment, Sony BMG Music Entertainment; Universal Music and Warner Music Hong Kong.

The companies are claiming unspecified damages alleging Leung infringed copyright by making recordings available to the public without the record companies consent using WinMX file-sharing software.

The music is said to include songs by canto stars Joey Leung and Andy Lau.

Yeung's case stems from an investigation last year which was part of a crackdown on internet piracy by the International Federation of the Phonographic Industry.

The action is the first of its kind in Hong Kong and follows the world's first criminal conviction for uploading movies in Hong Kong.

In that case, a 38-year-old man was sentenced to three months in jail in November for uploading three Hollywood movies using BitTorrent software.

tech.monstersandcritics.com
related news stories at p2pnet.net & news.tmcnet.com.

KM

  • Guest
Re: Man charged for illegal downdloading using WinMX
« Reply #1 on: March 20, 2006, 07:24:14 pm »
all i can say is lol, anyone else find it strange how many people they target that don't have a clue about computers? odd that they never seem to make a deal out of anyone who actually knows what a computer is to argue against them...?

Offline Josh

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Re: Man charged for illegal downdloading using WinMX
« Reply #2 on: March 20, 2006, 10:48:08 pm »
What if they targeted you km.
- Josh

Offline GhostShip

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Re: Man charged for illegal downdloading using WinMX
« Reply #3 on: March 21, 2006, 01:11:09 am »
That would depend on what KM was uploading Josh, downlading for your own personal use is legal in a suprisingly large amount of countries.

Offline GnarlySnarly

  • Forum Member
Re: Man charged for illegal downdloading using WinMX
« Reply #4 on: March 21, 2006, 02:28:44 am »
Quote
Tech News
Man who can't switch on computer faces illegal downloading suit
By DPA
Mar 19, 2006, 19:00 GMT

Hong Kong - A single parent who claims he doesn't know how to switch on a computer is being sued by seven record companies for illegally uploading music on to the internet, a Hong Kong news report said Sunday.

***
If the court says I've done something wrong, I've probably done something wrong. But I hope they will understand that I don't know what my children are doing on the computer, he told reporters.


I can see it now...
 
Quote
Father deemed unfit and loses parental rights to his children because he allowed them to be exposed to internet dangers without adequate supervision.

 :mrgreen:

KM

  • Guest
Re: Man charged for illegal downdloading using WinMX
« Reply #5 on: March 21, 2006, 05:33:34 am »
That would depend on what KM was uploading Josh, downlading for your own personal use is legal in a suprisingly large amount of countries.

as is uploading, not read the copyright designs and patents act? :-)

Offline ..Ñøßߥ..

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Re: Man charged for illegal downdloading using WinMX
« Reply #6 on: March 21, 2006, 09:55:53 am »
all i can say is lol, anyone else find it strange how many people they target that don't have a clue about computers? odd that they never seem to make a deal out of anyone who actually knows what a computer is to argue against them...?

Only thing about this thats strange is it seems they are targeting the living, i thought they preferred deceased victims, as they tend to put up less of a fight......... :lol:

someone

  • Guest
Re: Man charged for illegal downdloading using WinMX
« Reply #7 on: March 21, 2006, 11:15:58 am »
:lol:

Offline GhostShip

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Re: Man charged for illegal downdloading using WinMX
« Reply #8 on: March 28, 2006, 12:50:57 am »
Hmm I suspected something along these lines early on which is why I paid little heed to this story.

http://www.thestandard.com.hk/news_detail.asp?pp_cat=13&art_id=15214&sid=7249799&con_type=1

Quote
Hong Kong record companies are dropping their first civil action against a man who illegally shared music files on the Internet after he expressed regret and agreed to pay compensation.
Yeung Chun-choi, who said he was a computer novice and his daughters spent much of their time on the machine, had been served with a writ by seven record companies earlier this month alleging that he uploaded music onto the Internet, making it available for illegal sharing.

However, following two rounds of negotiations with the senior management of the companies, Yeung vowed not to infringe copyright again and the companies would drop the case against him, the trade organization International Federation of Phonographic Industry said.

Ricky Fung, chairman of IFPI Hong Kong, declined to disclose the amount of compensation the 54-year-old man paid.

"This will hopefully serve as an important message to other parents in Hong Kong to check what their children are using the family computer for," the IFPI said.

Being online long enough to remember a campaign launched against winmx before in Hong Kong where it turned out to be a fabricated story I admit to feeling the same regarding this matter, same place same authorities and everyone goes home happy it seems, I wish I was a teacher writing out the IFPI's annual report "Must try harder"  :lol:

The important matter here is really that they admit to suing the wrong person.
The trick of scaring the one they did sue into a legal gagging clause so that others would not hear how they had no proof the sued defendant was actually guilty of the crime alleged, is only to be expected  from an international mafia of music shysters.

Offline GnarlySnarly

  • Forum Member
Re: Man charged for illegal downdloading using WinMX
« Reply #9 on: March 28, 2006, 05:49:05 am »
The important matter here is really that they admit to suing the wrong person.
The trick of scaring the one they did sue into a legal gagging clause so that others would not hear how they had no proof the sued defendant was actually guilty of the crime alleged, is only to be expected  from an international mafia of music shysters.

I don't see any such admission, but the contrary, they were successful.

I don't know the ins and outs of HongKong laws, but in the USA they sued the right person from a legal standpoint, the ISP account holder I would assume.  A common trick in laws of to make one person responsible for the acts of others, so that said person becomes an uncompensated enforcer of the rules.  That's how authoritatrian systems are propagated.  Declare someone is responsible for what goes on in his car, home, community, country and you have 'delegated' authority to that person over others and hold them accountable, even if that person has no consent of the people whose actions are at issue.

As I read it, there were no criminal charges, so guilt was not an issue.  This was a civil action/law suit, and they apparently had all the proof they needed under the laws.  Someone, doesn't matter who, was using his ISP account for what was alleged to be copyright violations.  He seems to admit it was likely his daughters, no matter.. the ISP account seems to be in his name so under the laws imposed on him, he is held responsible for how it is used.  So he has to become THEIR enforcer or suffer the consequences.

His capitulation only encourages them.

The fallacy of self-determination, consenting to be governed, goes out the window.

"there would probably never be any legitimate government if governments had to rest upon true, uncoerced consent" -- Oakley

As GWBush proffers:  "There must be limits to freedom", for if not, how would the rich parasites survive?

Offline GhostShip

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Re: Man charged for illegal downdloading using WinMX
« Reply #10 on: March 28, 2006, 06:40:51 am »
The law is clear in this country Gnarly (UK) the person responsible is not the subscriber but the one who perpetrated the act and proving that someone was at the keyboard is notoriously hard to do.

Without his accepting liability this case would have failed as it was clear there was not one to answer for this man, its a well known policy of all the media mafia lawyers to discontinue rather than lose a case, I would rather this fellow had held firm in his conviction that he was not commiting any acts against criminal or civil law.

The law applies in fine detail folks whether for alleged copyright infringement or murder, a case has to be constructed on facts, in this case the facts are admitted by the IFPI, this man was not at the keyboard during the alleged infringement, therefore he had no case to answer.

 

 


Offline GnarlySnarly

  • Forum Member
Re: Man charged for illegal downdloading using WinMX
« Reply #11 on: March 28, 2006, 09:22:14 am »
The law is clear in this country Gnarly (UK) the person responsible is not the subscriber but the one who perpetrated the act and proving that someone was at the keyboard is notoriously hard to do.

Without his accepting liability this case would have failed as it was clear there was not one to answer for this man, its a well known policy of all the media mafia lawyers to discontinue rather than lose a case, I would rather this fellow had held firm in his conviction that he was not commiting any acts against criminal or civil law.

The law applies in fine detail folks whether for alleged copyright infringement or murder, a case has to be constructed on facts, in this case the facts are admitted by the IFPI, this man was not at the keyboard during the alleged infringement, therefore he had no case to answer.

Again, civil laws are a far different beast than criminal laws.  And of course laws can vary greatly from one country/state to another.  Though that is changing with WIPO pressures to globalize uniform 'intellectual property' laws.

For criminal law, I would tend to agree.. the one at the keyboard would be the perpetrator.

But for civil law, here, all can be named.  His option was to capitulate, or based on the information, have his daughters named as co-defendants.  If they are considered minors under the law, then the parent is often held responsible for their acts.  In civil law here, the game is rigged to make the deep pockets vulnerable.  One can be found 1% responsible, but have to pay 100% of any settlement or judgement if the party 99% responsible can't pay.


KM

  • Guest
Re: Man charged for illegal downdloading using WinMX
« Reply #12 on: March 28, 2006, 08:38:00 pm »
a settlement only occurs if nobody sues anybody, it is not possible to sue and settle at the same time!

what happens in those cases is the industry representatives send out letters saying "we are the law, send us money or we will ruin your life" - then about 10% of the people they send those letters to respond with "ok, please don't hurt me, i will happily donate my money to you" - they then announce "hey, we just sued a load of people, without a single case having to go to court"

in a handful of asian countries those rich companies have permission from the government to destroy peoples lives for refusal to donate, however in the vast majority of the world they can do no such thing and are just lying through their teeth because they know there will always be people dumb enough to pay up

Offline GnarlySnarly

  • Forum Member
Re: Man charged for illegal downdloading using WinMX
« Reply #13 on: March 28, 2006, 10:09:04 pm »
a settlement only occurs if nobody sues anybody, it is not possible to sue and settle at the same time!

To the contrary, in the USA it is standard form.  File a nuisance lawsuit and then agree to settle 'out of court', iow, without having a trial to the matter.  At times people settile 'out of court' during the trial, where one party or the other feels the outlook is not good.

While you can certainly file a notice of claim, and try to get some pretrial settlement, as is the enemies practice, in an actual damages trial the court tries hard to coerce settlements to relieve the court's docket load.  There may be several pre-trial settlement conferences where the parties are 'encouraged' to come to some terms without requiring precious court/jury time.

KM

  • Guest
Re: Man charged for illegal downdloading using WinMX
« Reply #14 on: March 28, 2006, 10:45:01 pm »
and if you settle out of court, there was no court ruling, and nobody sued anybody... they merely demanded a donation and got it, no law involved anywhere

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