CyberLaw Blog

Archive for July 13th, 2009

Post from: TorrentFreak

Stephen Fry Admits He’s a BitTorrent Pirate

In Britain – and increasingly around the world – Stephen Fry is a much loved man. His contribution to the entertainment industry over many years has been colossal, with many of his fans in awe of his amazing mind and outstanding wit.

A self-proclaimed Internet and digital addict, Fry claims to have owned the second ever Mac sold in the UK and has joked that he has owned every smart phone available today. Indeed, he recently wowed Top Gear’s Jeremy Clarkson by showing him a pretty unusual use for his iPhone. Fry even has more than 500,000 Twitter followers.

So, unlike many who speak about Internet issues, there is a good chance that Stephen Fry actually knows what he’s talking about. Yesterday, to an audience gathered for the iTunes Festival in London’s Camden Town, he was a little more honest than most would’ve expected on the issue of illicit downloading, even if just hours before he revealed that he was finding his appearance unnerving, admitting, ‘I haven’t the least idea what I’m going to say.’

But it came good in the end. In a speech about copyright and the future of music introduced by Stuff’s editor-in-chief Tom Dunmore, Fry poured scorn on the music industry for attacking the public in file-sharing cases. ‘Making an example of ordinary people is the stupidest thing the record industry can do,’ he said.

Noting a problem that was earlier outlined here on TorrentFreak, Fry said the Digital Britain report did not represent the views of the public, but those of ‘industry insiders’ instead.

While Fry is pragmatic about the piracy situation, he’s not a supporter of large-scale infringers, described by him as those who download on an ‘industrial scale’. When asked how he felt about his own media output being pirated, Fry said: ‘I’m against cynical bootlegging but I work in a very molly coddled, overpaid business.’

But unsurprisingly for a clued-up digital native in 2009, there are some kinds of piracy that Fry isn’t completely against. He told the audience at London’s Roundhouse that he is a BitTorrent user himself and has grabbed episodes of 24 using the protocol.

Interestingly, he went on to reveal that he had also downloaded the season finale of House, the hit US show which stars the comedian most known for partnering Fry, Hugh Laurie.

However – and drawing a somewhat interesting analogy – Fry said that in the end, illegal downloaders may well feel a little guilty over grabbing something without paying for it. ‘Most of us feel guilt when we masturbate,’ he said, ‘even though we live in 2009.’

Appearing a little concerned that his slightly pro-piracy stance might be misinterpreted, Fry then appeared on his beloved Twitter. ‘Well, finished my bit. Hope I’m not misunderstood. Such a pity if I get misrepresented as a ‘help yourself and be a pirate’ advocate.’

Not at all Stephen. The fact is there could be as many as 6 million people in the UK doing exactly as you are doing, largely because there still isn’t an attractive, workable, widespread and convenient legal alternative. You set the example. You buy lots of media and download too, which proves that participating in one doesn’t exclude you from the other.

Pirates are customers too. Even famous ones.

Simon Sheppard guilty of race hate crime (From York Press): “Simon Sheppard guilty of race hate crime

10:30am Friday 9th January 2009
By Mark Stead

A SELBY man has been found guilty of waging a campaign of ‘obnoxious and abhorrent’ race hate against Jews and other minority groups, before fleeing to America.

Simon Sheppard is now set to face justice after being convicted of a string of race crimes following a lengthy probe which discovered he had been involved in the publication and distribution of a leaflet likening notorious Nazi concentration camp Auschwitz to a holiday resort.

The 51-year-old, of Brook Street, was found guilty of 11 race-related offences last July, but by then he and another man – Stephen Whittle, 41, of Preston, who was convicted of five similar crimes – had absconded to the US. They are currently in the hands of the American immigration authorities.

A jury in their original trial was unable to reach a verdict on a further seven charges against Sheppard, after which the Crown Prosecution Service (CPS) decided to have a retrial on six of these.

A Leeds Crown Court jury yesterday found Sheppard guilty on five of the charges, with the allegations in the two trials all concerning publishing racially inflammatory material, distributing racially inflammatory material or possessing racially inflammatory material with a view to distribution under the Public Order Act 1986.

The investigation began when a complaint about a leaflet called ‘Tales of the Holohoax’ was reported to police in 2004 after being pushed through the door of a Blackpool synagogue. It was subsequently traced back to a post office box in Hull registered to Sheppard.

‘People are entitled to hold racist and extreme opinions which others may find unpleasant and obnoxious,’ said reviewing lawyer Mari Reid, of the CPS’ Counter Terrorism Division, which deals with race hate crimes.

‘What they are not entitled to do is to publish or distribute these opinions to the public in a threatening, abusive or insulting manner, either intending to stir up racial hatred or in circumstances where it is likely racial hatred will be stirred up.

‘The vast majority of the material in this case concerned Jewish people, but there was also material relating to black, Asian and non-white people generally, all described in derogatory terms using offensive language.

‘As well as printed leaflets, there was evidence of Simon Sheppard controlling websites which featured racist material, some of it written by Whittle, under the pen name of Luke O’Farrell.’

Sheppard and Whittle, who denied the charges, will be sentenced in March.

Two jailed for online racism after US turned down asylum bid: “

Freedom of speech claim denied

Two British men who tried to claim political asylum in the US were jailed today for using the internet to incite racial hatred.…

“

(Via The Register – Public Sector.)

Humberside Police: Two men found guilty of inciting racial hatred

10 July, 2009

TWO men have been found guilty of publishing written material to stir up racial hatred at Leeds Crown Court on Monday.

Simon Guy SHEPPARD (19/02/57) of Brook Street, Selby and Stephen WHITTLE (29/07/66) of Avenham Lane, Preston faced a total of 18 charges between them.

The jury considered all the evidence and have found the defendants guilty on 11 charges; however were unable to reach a verdict on seven counts.

The trial began on 03 June 2008 and the case is next due before Leeds Crown Court on Monday 28 July 2008.

Adil KHAN, Head of Diversity at Humberside Police said, ‘I welcome the decision by the jury to find SHEPPARD and WHITTLE guilty of a number of charges.

‘The jury considered some of this material breached the law and found them guilty.

‘Inciting racial hatred is a crime and one which seems to occur too regularly. This kind of material will not be tolerated as this lengthy investigation shows.

‘These men were arrested in April 2006 by Humberside Police with the assistance of North Yorkshire Police and Lancashire Police and were charged with offences dating between 2004 and 2006.

‘I would like to thank all those who gave evidence in the trial and came forward to help police with the investigation.

‘Anyone who has been affected by the trial or the material is urged to contact Humberside Police Diversity Unit on 0845 60 60 222.

‘Anyone who receives copies of such material or who comes across any on the internet they are advised to contact police either by telephone or by visiting a neighbourhood policing team.’”

(Via .)

Premier League’s failure to register copyrights in US limits YouTube claim: “The English Premier League cannot claim statutory damages against YouTube for user-submitted video clips of non-live football matches, even if it proves that the site infringed its rights, because it failed to register its copyrights, a judge has said.”

(Via OUT-LAW News.)