BBC news – BT and Talk Talk loose file-sharing appeal

BT logo

BT and Talk Talk say the Digital Economy

BT and Talk Talk have lost an appeal over controversial measures to tackle copyright infringement online.


anti – copy right

Copyright is in crisis. Photocopying, sound- and video-recording, computers, and the net have all made it increasingly difficult for the owners of copyright to enforce their rights. Levies or legal penalties only patch the holes in an already leaky system. The flaw lies not in the technology or in our society, but in the very notion of copyright.

Intellectual “property” does not behave like material property. If I give you a physical object I may no longer have use or control of that thing, and may ask for something in return — some payment or barter. But when I give you an idea, I lose nothing. I can still use that idea as I wish. I need ask nothing in return.

The laws of exchange of matter being so very different from the laws of exchange of information, any attempt to trade ideas with material goods was destined for trouble sooner or later.

Not only do people hold on to ideas for material gain, they also hang on to them for psychological gain. The ego likes to be identified as the source of a particular insight or concept. But what right has the ego to attach itself to something that was never its in the first place?

We say “an idea came to me”. I did not make it happen. What I do is shape the ideas “that come” into forms — usually words and images — that satisfy me, and hopefully communicate something to others. If I am to be paid for my work (which I am not averse to), I should be paid for my time and energy, not some dubious concept of intellectual property.

Thoughts are free. They should remain free, and be given freely.

And, following the universal law, the more we give the more we shall receive.

BBC news – The Pirate Bay

Three founders of The Pirate Bay have lost an appeal against a conviction for illegally sharing copyrighted content.

The Swedish appeals court upheld the 2009 ruling against the site’s founders which saw them sentenced to a year in jail and heavily fined.

The ruling reduces the sentences the men face but increases fines to 46m crowns (£4.1m).

Three of The Pirate Bay’s four founders were in court for the verdict. The other was too ill to attend.

The original verdict on Peter Sunde, Fredrik Neij, Gottfrid Svartholm Warg and Carl Lundstrom was handed down in April 2009 following a lengthy trial.

Lawyers acting for music labels and movie studios alleged that via The Pirate Bay, the four men helped people circumvent copyright controls.

The founders defended themselves by saying that The Pirate Bay did not host any pirated material directly.

The appeal court ruling will see Mr Neij serve a 10 month sentence; Mr Sunde eight months and Mr Lundstrom four months. Once Mr Svartholm Warg is fit his “criminal liability” will be tested by the appeals court.

Throughout the legal action and appeal hearing The Pirate Bay website has continued to function.

“Today’s judgment confirms the illegality of The Pirate Bay and the seriousness of the crimes of those involved,” said the International Federation for the Phonographic Industry in a statement.

“It is now time for The Pirate Bay, whose operators have twice been convicted in court, to close. We now look to governments and ISPs to take note of this judgment, do the responsible thing and take the necessary steps to get The Pirate Bay shut down.”

Piratbyrån (The Piracy Bureau) – The Pirate Bay

The Pirate Bay (commonly abbreviated TPB) is a Swedish website that hosts magnet links, which allow users to share electronic files, including magnets, computer games and software, via BitTorrent. The Pirate Bay bills itself as “The world’s most resilient magnet site” not in citation given] (as of 2012, “The galaxy’s most resilient…”) The Pirate Bay is currently ranked as the 102nd most visited website in the world and 20th in Sweden by Alexa Internet, has over 5.5 million registered users and, as of February 2012, hosts more than 4 million torrent files. According to the Los Angeles Times, The Pirate Bay is “one of the world’s largest facilitators of illegal downloading” and “the most visible member of a burgeoning international anti-copyright or pro-piracy movement”.

Initially established in November 2003 by the Swedish anti-copyright organization Piratbyrån (The Piracy Bureau), The Pirate Bay has been run as a separate organization since October 2004. The Pirate Bay was first run by Gottfrid Svartholm and Fredrik Neij, who are known by their nicknames “anakata” and “TiAMO”, respectively. They have both been accused of “assisting in making copyrighted content available” by the Motion Picture Association of America. On 31 May 2006, the website’s servers in Stockholm were raided and taken away by Swedish police, leading to three days of downtime. The Pirate Bay has been involved in a number of lawsuits, both as plaintiff and as defendant. On 17 April 2009, Peter Sunde, Fredrik Neij, Gottfrid Svartholm and Carl Lundström were found guilty of assistance to copyright infringementand sentenced to one year in prison and payment of a fine of 30 million SEK (app. 4,200,000 USD; 2,800,000 GBP; or 3,100,000 EUR), after a trial of nine days. The defendants have appealed against the verdict and the judge was accused of bias. On 26 November 2010, a Swedish appeals court upheld the verdict, decreasing the original prison terms but increasing the fine to 46 million SEK. On 17 May 2010, due to an injunction against their bandwidth provider, the site was taken offline. Access to the website was later restored with a message making fun of the injunction on their front page. On 23 June 2010 the group Piratbyrån disbanded due to the death of Ibi Kopimi Botani, a prominent member and co-founder of the group.

Copy Right Law – What is protected?

Types of work protected

  1. Literary
  2. song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc.
  3. Dramatic
  4. plays, dance, etc.
  5. Musical
  6. recordings and score.
  7. Artistic
  8. photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
  9. Typographical arrangement of published editions
  10. magazines, periodicals, etc.
  11. Sound recording
  12. may be recordings of other copyright works, e.g. musical and literary.
  13. Films
  14. broadcasts and cable programmes.

The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to include computer programs.

Transgression – meaning

rans·gres·sive (trns-grsv, trnz-)


1. Exceeding a limit or boundary, especially of social acceptability.
2. Of or relating to a genre of fiction, filmmaking, or art characterized by graphic depictions of behavior that violates socially acceptable norms, often involving violence, drug use, and sexual deviancy.
3. Of or relating to geological transgression.