Reply to post: Re: The real point

Sky customer dinged for livestreaming pay-per-view boxing to Facebook

Mad Mike

Re: The real point

@Jason Bloomberg.

I think there's a fundamental issue here that is being missed. People are under no requirement in law to stop offences occurring. They are required not to commit offences themselves, but not to actively prevent someone else committing one. So, the fact he knew his friend was doing it and that it was illegal is not really relevant. I can sit next to someone and watch them commit fraud, but provided I don't take any part, I'm not under any legal obligation to inform anybody, let alone the police.

So, the perpetrator is actually this persons friend. He is the person Sky should have gone after. Also, bear in mind what type of offence this is. It's a copyright offence. This is civil, at least at the scale implied here. He wasn't making DVDs by the thousand and selling them. So, he's not under the normal criminal investigation requirements.

By using his iPad and FB account, at worst he's an accessory. Providing material aid to the offence. Of course, he could always deny giving permission for the iPad to be used. To succeed, they would need to show he provided the tools freely and knew what was happening and that it was an offence. His candid honesty is probably his downfall there. He could simply have said I didn't know what was going on. Different friends used my iPad at different times during the night. I assumed they were simply surfing the web at the time. His FB being logged on all the time on his iPad explains how they gained access to his FB account, which he should show shock over!!

A bit more thought on his behalf and he could probably have got away with it. Just get everybody to say nothing to do with them and say it must have been somebody else. Me, didn't do it, don't know nothing about it. Must have been one of the others!!

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