reply to davegravy
Re: [News] Judge Grants Adjournment: TSI vs Voltage.
said by davegravy :I agree 100% - but there's always a chance the judge won't.
Arguably a valid interpretation of that text, but clearly counter to the intent of the legislation.
Not applicable. You have to be providing a service, and by simply being a peer you do not qualify. Even if being a peer causes you to upload, that is incidental to the inner workings of the protocol, you're not providing a service as the term is normally interpreted by a reasonable person to mean to be carrying on a business. This section is meant to go after aggregators the likes of sites like The Pirate Bay, maybe you could also make a case against anyone running a tracker. If they push for another interpretation they will lose, badly, since in commercial law the concepts of carrying on business and providing services are pretty well defined by both common law and statutes.
reply to JMJimmy
Hopefully the judge will see through these trolls. Interestingly the
software that was used to gather this so called piracy, namely
"GuardaLey v1.2" has been shown both in Germany, and in the US, by independent review to be totally unreliable in identifying uploading and downloading. The company GuardaLey has been successfully sued in Germany by one of it's former law firms for knowingly failing to disclose the problems with it's software. University of Washington conducted their on test and found the same thing. Several lawsuits are now underway in US courts against GuardaLey and their lawyers as a result. Another former lawyer of GuardaLey in Britain has had his licence to practice law revoked, and the lawyer is now bankrupt.
Several lawsuits that GuardalyLey and their lawyers have been thrown out of court worldwide. Hard to imagine our system accepting this info when all those other judges worldwide have said that it is useless.