The Register® — Biting the hand that feeds IT

BitTorrent crackdown cops fail to pay music copyright fees

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dave lawless

The stereo does have an off switch, copper! 

Boffin

"We continue to assess the position and are seeking advice to determine if we are required by law to spend a significant amount of public money, which we consider is better committed to crime fighting, in this way."

What a weasel. "If we can't have free music we're going to stop policing."

How does that work!?!

I'm going to try it when the electric bill comes : "We're a public funded charity and think it's better to spend a significant amount of our funding on our entertaining our employees than giving it to Eon?"

Anonymous Coward

And what part of this surprises anyone? 

Flame

Cops everywhere believe they are above the law. Just look at this recent example in Boston. It even has an IT angle, the corrupt cop posted on the web about his calling in sick while running a charter fishing business. And of course, his excuse about why he should not be held accountable is that he was ratted out anonymously. (So the complaint does not count, in his mind.)

http://www.bostonherald.com/news/opinion/columnists/view.bg?articleid=1121077

michael

WTF! 

"it had not decided whether to pay its Performing Rights Society (PRS) subs."

can I decide not to pay my taxes? or not to pay my elcki bill?

Anonymous Coward

so let me get this straight.. 

Stop

They aren't sure if they can spend money to pay for their license? Ok, I guess I'm not sure if I can spend money to pay my taxes, does it work like that too?

Thought not. Typical copper bollocks. One rule for the unwashed, another rule for the rulemakers huh?

Martin Klefas-Stennett

better spent elsewhere 

Thumb Up

I wonder if the defense "I was going to pay, but I decided to spend my money on something else" works for other crimes. I hope so, I need a new camera but the wife says the mortgage is more important.

Steve Browne

Typical 

Thumb Down

Is it not time for the police to obey the law too?

Lead by example, not by dictat or continue to lose public respect and support if they have nay left.

John Imrie

Look at this the other way. 

I wonder if what reason the police come up with not to pay their sub will be useful against the PRS by others.

Anonymous Coward

The answer is simple. 

Stop playing the music/radio in the staff areas until a decission on payment has been made. That way, further infringement - if it is happening - can be avoided.

I have no idea about the law but I suspect the police should have and to avoid public opprobrium and worse PR it might be helpful to be able to demonstrate being in compliance.

For the general public, ignorance is no defence and it should be no less for the enforcers of the law?

EvilJason

Do as we say not as we do right? 

Dead Vulture

When is a crime not a crime? when its done by someone in the police force heh that line from judge dread keeps popping into my head every time i hear something like this "I have not broken the law, i am the LAW"

So its ok for these guys to break the same law that they are trying 6 other people with? and there reply is not omg lets arrest are selfs but we are going away for a bit to think if we have to pay but we dont think we should because it would be better spend on crime fighting....hay guys you know what else would serve the public better as well? don't break any dam laws

-Grave because the law is dead

Anonymous Coward

Police 

Police- third group to go up against the wall when the revolution comes.

Politicians go first, followed by marketing people.

Come on - who thought the police weren't a group of lying theiving fascist basterds?

Martin

It's not "the law" to pay the PRS, so STFU 

Flame

The vultures have decended on our workplace also. "The Law" the PRS rely on to put the frighteners on people is clearly framed with entertainment venues (pubs, clubs etc) in mind, where their business IS music; NOT the average workplace with an incidental radio. I have yet to hear of them actually winning a court case about radio fees- I have only ever heard of firms settling with them. The radio stations themselves already pay royalties to the PRS based on how many listeners they get- why do companies (or the police) have to pay the same royalties AGAIN because a radio isn't situated in a private home? It's BROADCAST, FFS.

Alex Harper

Actually, I'd side with the fuzz on this one... 

Pirate

The PRS have a mandate for collecting due royalties on behalf of their members, as do the PPL. The both of them have been stomping their feet going round everyone who in their opinion is publicly performing music. I'd agree with shopping centres, etc but in my opinion radios in canteens or private offices closed to the public are none of their business. They make up their own rules on who is elligible without any legal mandate or precident to do so and in my opinion overstep their mark a little. So if they came to me demanding I need a licence then I'd take it under careful consideration instead of just coughing up to their demands, even if I had to go to court to arbitrate.

Disclaimer: I am a rights holder and a PPL member, and even I think they go a bit far sometimes.

Tom Chiverton

Fraud ? 

"charge of conspiracy to defraud."

Who, of what ? He told people he ran a BT tracker, and he did. Umm ?

Frumious Bandersnatch

minor embarrassment 

Yeah, it's not surprising that the cops figured the law didn't apply to them. Not much to see here. It will probably raise a smirk or two since it came up in the context of the OiNK case, but it does no good (legally speaking) for the pot to call the kettle black.

I got more of a chuckle over that Boston Herald article. The guy is claiming that it was an anonymous tip-off so he's off the hook. It seems he doesn't know what the fifth amendment is (you can shut up lest you incriminate yourself). Otherwise he wouldn't have blabbed about his crime in a public forum. He has hoist himself by his own petard and I hope they throw the book at him for being such a twit.

Law

maybe use the british police excuse of... 

Pirate

...permission was implied by the fact they had a working radio, and could do it.... worked for the police when they looked at illegal wiretapping here by bt!

Gav

No Piped Music 

Stop

I'm with the PRS on this one.. and the Police. The PRS should force the Police to cough up, and the police should decide that in future their money is better spent elsewhere, and stop playing music in their canteens.

The reason? Simple. Piped music in the workplace is evil and should be stamped out. And that includes all radio stations. I wouldn't mind if it was music or radio stations I liked. But they are invariably prime examples of the lowest common denominator and enough to make you take the canteen knives to your wrists. If they weren't so blunt.

Kenny Swan

Radio? 

Paris Hilton

Can't the just pipe in a radio station? You shouldn't have to pay royalties for a public performance of those songs since the radio station has covered the fees for that. Or am I missing something?

pbhj

PRS want to have cake and eat it 

Alert

@Martin: spot on.

@everyone else, say what?

So the PRS are trying to claim that any workplace with a radio has to pay a commercial entertainment license fee and you're all OK with that? Don't any of you listen to music at work? Nope it doesn't matter if it's on your iPod, you're at work ... on the road in your own car but claiming mileage ...sounds like a place of work to me ....

As Martin said, PRS get paid for the broadcast by the radio station. If they don't think they get enough then they need to renegotiate not start trying to shame publicly funded groups into paying for the same "performance" again.

The Police are right to question whether the PRS racket is legal.

Anonymous Coward

(untitled) 

Priceless.

"We uphold the law - except, of course, when applied to us, and when we've decided we have better things we can do with the money".

Such hypocrisy, such a wonderful example to us all.

Jamie

Multi-level law system grows. 

Linux

Just more proof that the justice system is split up with different forms of justice depending on status/money/job.

Andy Barr

Utter joke... 

Paris Hilton

...where is this going to stop? Somebody bought a CD and a few people sit in a room and listen to it. Where is the crime? Why does everybody need some money for anything to happen, in this case a few peeps chilling out? Will these numptys be charging kids they see sharing head phones on the bus...or those annoying chavs that play it out loud through their speaker phones? 'Sharing! Public place! WTF! That almost sounds like 'community' - Bill them, fun costs!'

Copright, image rights, liscensing - all words that mean 'greed', yet more and more invisible, contrived, nonsense BS...imagine if Homer had been this far up his own ass, issuing fines to anyone he heard retelling his tale, restricting culture for the sake of a few quid. Nonsense.

Paris, 'coz she doesn't give a sh*t...and neither should we.

Dave

Radio License! 

Next thing is they'll be introducing a Radio License like they do for TV in the UK!

Rick Eastwood

Dont know if its true but....... 

I once was talking to someone or i heard it somewhere of a pub that was playing a cd or radio or whatever and was pounced upon by the PRS. He was told to pay the fine (sorry licence) because he playing music in a public area.

So he opened the door to his private home area, put the radio on the other side of the door and turned it up. Because the music was being played in a private home and it was purely incidental that it could be heard in the pub, there was nothing the PRS idiot could do about and went away grumbling.

God i hope its true.

Mark

re: It's not "the law" to pay the PRS, so STFU 

But it IS the law that copyright infringement is illegal.

Such infringement being playing music in a public place without license.

And BitTorrent users arrested would be fine too if they had paid a distribution license for the music shared over BT. Are the police going to drop the charges for that, because the BT users didn't know if the would or could pay the licensing costs?

Yes? No?

STFU yourself, RIAA puppet.

Tommy Pock

Get me a corrupt policeman 

So I can get him to take money from a TV company to film me going in to confiscate their speakers. Oh and 'uploading a new tracker to the site' doesn't make any sense

andy

@everyone 

I believe the law states that if a radio show playing copyright material is broadcast in public then the business must pay PRS -- this is why you often see a PRS label in shop windows to show they have paid.

I can only think that the music must have been audible in the station foyer (or maybe to the prisoners?!)

doctorflam

Truly outrageous 

Thumb Down

Oh, so in that case can the accused stand up in court and say "buying the record would require me to spend a significant amount of money, which I consider is better committed to buying food and paying for somewhere to live" and be acquitted? Somehow I think not!

There is a hidden third option - well, I say hidden, in fact it's obvious to anyone with even a heavily malformed brain - it goes like this: "don't play copyrighted material in your canteen if you don't want to pay the license".

This is utter hypocrisy of the highest order. How these ignorant self-righteous twunts have the audacity to come out and make a statement like that is beyond all reason - not paying PRS fees is in EXACTLY the same ballpark as not paying for an mp3 download - no physical material has changed hands but ultimately there is still a legal requirement to pay for the use of copyrighted material!

Total idiots. This just takes the piss. I'm furious.

Danny Traynor

@ virtually everyone 

Where in the article does it say the Police were playing music from a *radio*.

That's right, it doesn't so stfu :)

Chris

Some animals... 

...are more equal than others

What did you expect? Honesty? Playing by the rules? :-)

Steve

Re: "the radio station already paid" 

They paid for the right to broadcast to private listeners so you don't need to pay again if you listen to it on your radio in private.

The radio in the canteen is a public performance in a place of business.

Anonymous Coward

In the UK 

In the UK there's a radio license (just like there's a black and white TV license) for people that have radios but no TV...

The laws the law, and if a file sharer is breaching copyright law then so's a pig playing his radio in the canteen.

An other example of one rule for the surfs and another for the filth.

Gavin Jamie

Treble dipping 

Gates Horns

So a DJ buys a CD, and the record companies take their cut.

The radio station plays the CD, and they take a fee again.

And then it is played in a canteen and they feel the need for another fee. Had everyone in the canteen brought a personal radio that would be fine. It is only a problem if they all listen to the same one.

I am sure the radio stations would be delighted to know that the PRS are going around and slashing their listener numbers.

There is rightful payment, greed and then self defeating greed.

Bill, for his CALs

Anonymous Coward

bang bang 

Paris Hilton

They shot an innocent person dead, in the head eight times. And they still had the cheek to lie about it.

What makes us believe they will ever respect the law?

Paris, at least she did time in the slammer.

Lukin Brewer

Quiet words, and a few truncheons... 

"Action against the Lancashire Constabulary has been suspended while the parties attempt to negotiate a settlement."

Negotiate as in...?

"Alright, you *slags*, how about this? You drop this action, we don't come round and search under your floorboards *every* day."

Garry Mills

So that'll be... 

The Middlesbrough in Teesside then?

</pedantic>

Mycho

What Gav said 

I once talked my way into a pay rise in exchange for putting up with a radio station blaring out crap at work. Allow ipods, ban piped music.

Richard

Missing the point here 

Pirate

Not quite the PRS, but certainly radio stations in the US & UK pay a fixed fee to play any music. Which is exactly the model that would work for the internet (and sites like OiNK) if only the music industry wasn't intent on committing suicide.

Anonymous Coward

Cleveland - Britain finest. 

Flame

Doesn't surprise me in the least. I work with the rozzers there - This is the same force that spent hundreds of thousands investigating Mallon for corruption only to have him become Mayor and no action taken. At one point there were 286 complaints are being investigated against 39 Cleveland Police Officers. Guess how many ended up in prison against how many early retirements? They continually flout laws which would see the rest of us in a cell...

Hope they do them for back pay of it as well - how many years have they had music playing there?

Mark

re: Treble dipping 

However right that is, if the police were to use it as a defense of their breech of copyright, how much more acceptable is it for the defense of the very crime they are prosecuting on the citizens?

Jammie paid $220,000 for 24 tracks. That's enough to pay for 10,000 infringers. And they are STILL going after any infringement on P2P of these tracks, whether they have already been paid for or not.

If treble dipping is reason to ignore copyright law, how much more relevant is 10,000-times-dipping???

Mycho

@Radio Licence 

No, there isn't a radio licence, it was abolished a very long time ago.

WonkoTheSane

RE: Anonymous Coward @15:43 

Coat

There has been no requirement to purchase a radio license in the UK since Feb 1st, 1971.

(Unless you want to open a broadcast station of course)

Mine's the one with an MP3 player in the pocket.

michael

@Danny Traynor 

I never said it was a raido

in fact id I rember my reading of this a little while backyou d not need a licence for raidos

ShirkingFromHome

Bastards 

Bastards.

DeFex

Ring tones. 

Paris Hilton

I can just see it in the future..you get a bill in the mail because you heard some crappy 50 cent tune on someones ring tone.

Anonymous Coward

in any event 

Stop

(1) who's watching the watchers

and

(2) think of the children

Mark

@Wonko the sane 

And that removal of the license did NOT mean you didn't commit copyright infringement by playing copyrighted music in a public place.

Why did you and Mycho leave that bit off?

IMVHO

Double-standard isn't the point... 

as I see it. That copyright law extends into every possible situation is the point. Playing some romantic-like muzaq for you and the love interest whilst you engage in warm-blooded fun? No problem. Oh, it's a threesome? Well now, that's going to count as a concert. Fess-up the fees, and there's extra if there's dancing!

Seriously... at our wedding reception we had to pay a certain amount for playing music, erm, out loud (as opposed to the quiet type of music shared between the storage device and circuits of the music playing thingamabob). We had to pay more because people intended to dance! I didn't bother asking if the tapping of toes while seated counted as dancing... there's likely a strict definition out there. Two toes? An entire foot? Seated? Horizontal or vertical?

Rich

Idiots 

Thumb Down

Here's an idea: stop wasting public money on the equipment required to play copyrighted music illegally.

How many pairs of new coppers' shoes could that PA system have paid for? About time they got some exercise. Fat lazy slobs.

Rich

And one more thing... 

Thumb Down

Middlesbrough. Learn to spell.

Petrea Mitchell

I wonder... 

Boffin

...is the PRS license applicable only to specific playback devices? (The way the linked report is phrased, it sounds like it is.) If they were listening to streaming radio off a PC in the canteen, would they still have to pay the license, or would that be illegal downloading?

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