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superspeed New Member

Joined: 05 Jan 2008 Posts: 3
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Posted: Sat Jan 05, 2008 4:07 pm Post subject: Copyright Act Liability |
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Apologies for the lengthy post, however I need advice on a situation involving the above act please.
Situation:
If person A, infringed a copyright of anothers work via the internet and was using person B's internet connection, would person B fall foul of the secondary infringment sections of the Copyright Act?
In this case both A and B are adults. B is a parent, but not legally as such because A is over 18 however still lives with B. The parent (A) has knowledge of the connection being used, but would it be enough to suggest liability, as A doesnt know what its being used for?
I took a quick glance and saw its sections 22-26.
Would any of these apply, just because the bill payers internet is being used? The bill payer has no express knowledge nor is his personal computer being used, but another computer within the building that uses the same shared connection.
Are they providing means or apparatus (the connection) and if not, how would no knowledge be proven?
Thanks for any help in advance. |
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CopyrightAid Site Admin

Joined: 03 Jan 2007 Posts: 138
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Posted: Mon Jan 07, 2008 6:36 pm Post subject: |
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I believe it would only be an offense if they knowingly allowed the connection to be used for this purpose, (i.e. if there was some evidence that proved they knew of the illegal use and allowed it to continue).
The classic example of this is UK ISPs - they can't be reasonably expected to check every website hosted on their networks so have no liability if someone host infringing material without their knowledge. But.... once they have been notified of an infringement, they are liable if they allow the infringement to continue. |
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superspeed New Member

Joined: 05 Jan 2008 Posts: 3
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Posted: Tue Jan 08, 2008 6:49 pm Post subject: |
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| Thanks i assume this is the same for the "reason to believe" part of the legislation as well as the "actual knowledge"? |
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