Here, proving that blogs do not always have to race to bring their audiences up to date, is news – cold off the press – of a judgment delivered in May, Sitek v Circuit Court of Swidnica, Poland, [2011] EWHC 1378 (Admin), an extradition case.
It was held that a defendant acquiring audio files ‘with the traits of illegal copying, which he should and could have assumed, on the basis of the attendant circumstances, to have been obtained by means of a prohibited act, in contravention of a licence’ would constitute an offence under s. 329 of the Proceeds of Crime Act 2002. That provision states that a person commits an offence if he acquires, uses or has possession of criminal property. Lloyd Jones J inferred that the files were ‘criminal property’ as the fruits of criminal conduct under s. 107 CDPA.
Is this a first? The copyright-specific criminal offences under the Copyright Designs and Patents Act are active (selling or distributing), but this is about being on the receiving end.
No comments:
Post a Comment