dslreports logo
site
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
1
share rss forum feed


red2

@fastwebnet.it
reply to FINNfellow

Re: Police Raid 9-Year-Old Girl, Confiscate Winnie The Pooh

FINNfellow,

Don't you have a civil liberties association in Finland ?

What are your laws?

In the US, I suspect that this would provoke cries that this was entrapment. The argument would also be made that how can one be sued because of a file's name rather than it's contents? So can anyone be sued for putting the name of a film, a song, a book, a photograph, or a magazine on a file? If you put the word "gun" on a file, can you arrested for possessing a firearm?

It seems to me that these are the questions you should be putting to your politicians.


NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:12
Reviews:
·SONIC.NET
·Pacific Bell - SBC
said by red2 :

In the US, I suspect that this would provoke cries that this was entrapment.

I wonder ... "Entrapment" is clearly a legal theory in criminal law, but can it work in civil law?

I expect that an RIAA agent "dummy" file would have different ramifications under civil law. If it was functional, and a torrent, could the respondent claim that the RIAA agent authorized the distribution? IOW, no valid damage claim. OTOH, if it was truly a non-functional file, could the respondent claim that no damage was inflicted?

It seems to me that this tactic, if employed here, could backfire.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


FINNfellow

@dnainternet.fi
The are no laws that prevent or forbit entrapment in Finland.

As you see, Finlands legal system is pretty bad.


red2

@fastwebnet.it
reply to NormanS
said by NormanS:

said by red2 :

In the US, I suspect that this would provoke cries that this was entrapment.

I wonder ... "Entrapment" is clearly a legal theory in criminal law, but can it work in civil law?

I have no knowledge of the laws of Finland, but IF the police arrived doesn't that automatically indicate that this was considered a penal offense (criminal)?

If your neighbor steals something from you, you can call the police. If you and your neighbor have a business dispute, you can't and have to go to court to settle it.

I'm guessing that this was considered penal. If this were an issue for civil law, as you rightly pointed out, you'd have to prove damages. What damages could there possibly be for a fake file? The MPAA and the RIAA continually make the claim that you distribute the file to others who then distribute to yet others, and so on, and so they claim damages based on this exponential diffusion. However, if the file is fake, it stops with the first user. Therefore, there are no damages.

I would think that IF there is a civil liberties association in Finland, they'd have a great case here.


FINNfellow

@dnainternet.fi
said by red2 :

I would think that IF there is a civil liberties association in Finland, they'd have a great case here.

Yes, there are, but what can they do? Nothing. Make some noise. Nothing changes.

BTW. Police can use ANY evidence they gather, regardless of whether or not it was obtained legally. So they can do basically anything they want to. In civilized countries like in USA, if police doesnt follow the law, they case goes sunk. Sure, they can get "penalty" from doing illegal things like inproper raids or wiretapping, but the only penalty what they actually get is just "notification"...and even if they would get some serious penalty from breaking the law, the evidence is still perfectly valid in court.
Expand your moderator at work