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by cabalamat 5100 days ago
> A UK judge has also ruled the allegations, if true, would also constitute an offence under UK law

A questionable assertion, given that:

1. in the only BitTorrent tracker case to have come to court, Oink, the defendant was found not guilty http://www.telegraph.co.uk/news/uknews/crime/6998784/Oink-mu...

2. the CPS (UK prosecuting authority) regard running a BitTorrent tracker to be "a civil rather than a criminal matter" http://www.telegraph.co.uk/technology/news/8345801/Prosecuto...

1 comments

> A questionable assertion

It's not my assertion, but that of District Judge Quentin Purdy:

> The judge agreed with John Jones, barrister for the United States government, that “because he was intimately involved in deciding who was allowed to post links on the TVShack websites, which links would be posted”, Mr O’Dwyer’s alleged conduct was a criminal offence under British copyright law.

> In its argument the defence had cited the 2010 case of TV-Links, a website that offered a similar directory of links to pirated material to TVShack. The judge found it was acting as a “mere conduit” and dismissed the criminal charges against the two men who operated TV-Links.

> Judge Purdy however found Mr O’Dwyer had exercised too much control over TVShack to successfully claim the same defence.

http://www.telegraph.co.uk/technology/news/9013803/Student-R...