p2pnet.net News:- While Slyck was down due to the recent hack, we carried a post from rocketman05. The subject was The BPI onslaught against UK file sharers.

We received this email over the weekend:

"Hi, I am not the author of this follow up [March 10] posting from rocketman05 on Slyck, but I was asked by him to pass it on."

One of the more interesting things to come out of this rocketman5 item is confirmation from Big Music cartel ‘Good Guy’ Matt Phillips that in Britain, downloading music for personal use is "perfectly legal" [as it is in many other countries such as Canada - Jon].

Quick!!! Rush this news to UK ISP E7even which told one of its clients, "In the near future we will be carrying out spot checks on our network to ensure that users are not illegally sharing/downloading files, any users found to be sharing/downloading files illegally will have their E7even accounts terminated in accordance with clause 6.1 of our Terms and Conditions."

For now, read on >>>>>>>>>>>>>>>>>>>>>>>>

No shame in being English or a lawyer
By rocketman05

All,

As some know me, I thought that I would drop by and let you know the reason why I have just about decided to call it a day once and for all with Slyck .

The most satisfying part is the fact that I believe I have achieved what I set out to do all along, and to settle the legal uncertainty about P2P in the UK once and for all (read on for details). The more disappointing secondary reason is that I am simply fed up with the niggling abuse of a very small minority in return for the help that I have tried to give and all the work that I have done.

As many will probably know, I have tried to help the UK P2P community face increasing attention from the BPI (the UK equivalent of the RIAA). I did this in the way that I felt best to deal with such a generalised threat, for the issue of downloading/uploading in the UK has not yet been put before any court, and lawyers do need precedents. I have had to do so anonymously, for I am subject to certain constraints.

I initially adopted a very narrow field of vision – concentrating my efforts on those specific areas of law identified by the BPI themselves. I did so on the presumption that as a collective and authoritative body, whose phenomenal resources include a formidable legal army comprising the elite of the UK recording industry lawyers, they are the experts. OK, I am a lawyer myself, but my knowledge of specific copyright law is fairly limited.

But whilst I found plenty of material to deal with the issue of filesharing (both downloading and uploading of copyright material), I could find nothing specific to suggest that downloading alone was unlawful. My research was moderately painstaking, I have read through several Acts of Parliament, guidelines and numerous practice notes on the subject. But I also never set out to write any treatise on the subject, for it is a complex issue in its’ own right.

Obviously the quickest and smartest way was to ask the BPI themselves. To distance myself for professional reasons I arranged for a contact with mutual interests, a seasoned journalist called Steve, to contact the BPI on my behalf. His brief was to talk to the author of their strategy over filesharing , Matt Phillips at the BPI London HQ. (0207 803 1300). The outcome surely settles any question over the legal position, and confirms what I have been saying all along.

Matt is clearly not an ogre, he is a 26 year old professional who was extremely attentive to the points made, thoroughly knowledgeable and sensitive to those in the P2P community. Having formed a somewhat jaundiced opinion of Slyck from someone he had previously spoken with who claimed to represent Slyck – whom he rather generously dismissed as being "just a teenager who is wide of the mark"- he was happy to be interviewed and to have his answers put on record. I am extremely grateful to him, and I suspect that I am not alone.

Telephone interview with Matt Phillips of the BPI 10 March 2005

(First part of interview spent familiarising Matt with the background to the call)

Quote:

S: "Matt, is filesharing illegal"?

MP: "Yes, it is illegal. I stress that we are most reluctant to take people to court, but we will do so if there is no other option"

S: "But, Matt, is it uploading or is it downloading which is illegal?"

MP: "It is filesharing that is illegal, in other words both uploading as well as downloading. People often don’t realise or care that they are uploading at the same time as they are downloading."

S: "So you (the BPI) are not specifically after downloaders then?"

MP: "That’s correct. If there was a box to tick to say that the downloader didn’t want to share anything on the software he was using, say Kazaa, then he would be acting perfectly legally"

S: "So if that box were ticked, or if they weren’t uploading or sharing any copyright files, then they wouldn’t get into any trouble?"

MP: "That’s what I said. Of course we do not condone or sanction downloading for free, the industry depends on revenue from sales and there are many legal download services. But whatever our views, it isn’t illegal. It is a moral issue and not a legal issue".

S: "So these filesharers who have settled rather than go to court recently were serious uploaders then?"

MP: "Yes, they certainly were. People don’t know the full story. These people knew what they were doing and the risks they were taking, and so I don’t think we were bullying"

S: "But none of the cases stood the test of law?"

MP: "No. That is true. These are civil cases, not criminal issues. I suspect that they took advice from their lawyers who almost certainly told them that they had weak cases and to fight us would cost them far more than to deal with the modest settlements we were offering."

S: "But not all have settled, right?"

MP: "No, but we are negotiating the final three and the matter should soon be settled. We may not be so generous next time"

S: "But the big issue is the UK, isn’t it?"

MP: "Not necessarily. P2P is a useful tool and will develop over time and help the recording industry. We are not anti-technology, far from it. As I said, we have no legal issues with those who just download, but we do have with those who share or upload. I know that there has been a case in the US against a person who downloaded a film for personal use, but that would never happen here"

S: "So US laws on copyright are very out of step with the UK and Europe"

MP: "Certainly. They don’t even have a system for PPL (public performance licensing) and they can play music to audiences without paying royalties. Imagine it, bars, clubs, theatres, dances even recitals. P2P is just one of the very many issues that we are dealing with"

S: "Thank you Matt, I really appreciate your time and help over this issue and your honesty"

MP: " You’re most welcome Steve. Thank you for taking the trouble to ask these questions"

Matt’s comments simply confirm what I have been trying to impart all along, that any person simply downloading files for his own personal use does so perfectly legally. The morality of this is another issue, but this has to end the legal debate.

However, the issue of uploading (or sharing) is entirely different. It is not legal. There may well be ways of circumventing this, but that is and will be a matter for separate debate by others.

I feel that I have achieved what I set out to do, and hopefully reassured a few people in the process. Aside from the usual pressures of work, a wife and two daughters at home who demand some of my time, I felt that I would part at the point of having educated at least one kiddie who was "wide of the mark".

As for the many friends who have supported me throughout, thanks to all of you. I wish you well, and will doubtless drop in for a chat in the future.

Happy downloading

My work here is done

(ps: There is no copyright on this posting. I have no objection to the inevitable enquiries of Matt Phillips as to accuracy, but do remember he is one of the good guys)

Something you think we should know? tips[at]p2pnet.net

============

See:-
onslaught – rocketman05’s UK P2P advice, p2pnet, March 7, 2005
carrying out spot checks – Brit ISP threatens customer, May 13, 2005

This entry was posted on Monday, March 14th, 2005 at 12:16 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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