On Sun, 29 Nov 2009 18:47:57 -0000, Mark Elkins  
<markelkins...@yahoo.co.uk> wrote:

> In theory UK law decisions apply a test of reasonableness to them.  
> Therefore is it reasonable for those supplying any form of open public  
> internet access such as pubs, universities  etc to be prey to fines for  
> unlawful downloads?

But it has already been decided that if you share you wireless at home -  
ergo do not password it - then you are potentially liable. See  
http://techdirt.com/articles/20060320/1636238.shtml for more.

> The recent decision to give everyone in Swindon some form of free  
> internet access would appear in theory to mean that those supplying that  
> internet access may be prey to fines as mentioned in the above article.

Would be exactly the point. I personally do not believe they are liable,  
there are several legal actions that say I am wrong.

> I think something is not right here - perhaps the pub itself has been  
> downloading loads of copyrighted material - maybe music for example.

Perhaps - but then the landlord/staff member should have been prosecuted  
at a private level, not the pub itself.

> Otherwise why would there be no appeal against the decision of the court  
> involved mentioned in the above article?

What if the landlord paid the fine through fear of negative publicity or  
the cost of the legal action in defending themselves. By paying the fine  
they are admitting guilt so there is no available appeal. By not paying  
the fine they run the risk of years in court trying to justify themselves  
as a fair carrier.


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