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City of London Police Launch Intellectual Property Crime Unit

cityoflondon.police.uk

43 points by jjp9999 12 years ago · 54 comments

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r0h1n 12 years ago

Wow, that was fast. Just a day ago the UK PM, David Cameron, appointed an ex-music industry executive as his "IP advisor" - http://www.managingip.com/Article.aspx?ArticleId=3254862

  • seiji 12 years ago

    The UK (and maybe everywhere else?) corporate music people have a lot of very old industry insiders who think music can't be produced without studios (they "provide value," after all), think the internet is a fad, and think all real music should be sold on physical media.

    • 001sky 12 years ago

      Werent "record" labels were replaced by >Copy >Paste...with the advent of pro-tools?

      • seiji 12 years ago

        Exactly. They don't realize that though. I was at a talk with some UK IFPI execs last year who just didn't understand computers or the internet or online self-promotional distribution. It was kinda astounding. He kept harping on the point that "you just can't get quality" unless you're backed by a studio belonging to his organization.

DanBC 12 years ago

So, the police should only be getting involved in copyright infringement when done as trade, right? right? They seem to be keeping that bit quiet.

See section 198 of the relevant law, which is clear about the need for business to be involved for a criminal offence. (http://www.ipo.gov.uk/cdpact1988.pdf)

See section 7 (http://copyrightservice.co.uk/copyright/p01_uk_copyright_law) - where they don't mention "trading", which is what tips it into a criminal, rather than civil, offence.

See also section 8, which doesn't mention "format shifting" - it's not legal to rip a CD that you buy to MP3, but this is changing. (Or has changed?) (http://www.theguardian.com/media/2012/dec/20/uk-copyright-la...)

  • UVB-76 12 years ago

    Based on the initial arrests made by this unit, it would appear the target remains commercial IP infringement: http://www.theguardian.com/law/2013/sep/13/police-intellectu...

    • deletes 12 years ago

      There are people still pirating on physical media !?

      I think it is ok to go after the sharks but where do you draw the line, 10 copies, a 100?

      • UVB-76 12 years ago

        Absolutely. It's an enormous market in parts of the world. Worldwide, I suspect more people are pirating things on physical media than downloading direct from the Internet.

        I think common sense applies in drawing the line. A kid who burns the occasional DVD and sells it in the school playground to cover his costs, probably not worth pursuing. An organized group importing counterfeit DVDs by the container-load and distributing them through an established distribution network, probably worth pursuing.

m010001 12 years ago

I don't like the BPI, they investigated me and made me take my website down (they came to my house, it was a fun day).

However, I must credit them as they warn people before taking them to court. So, if you're a website owner in the UK. I'm just giving you a heads up to say that if you're being investigated, they will probably contact you in person.

I do think the BPI have definately gone too far, they currently trying to get Grooveshark blocked from popular UK ISPs. The BPI only exists to monopolize the music industry.

  • citricsquid 12 years ago

    > they currently trying to get Grooveshark blocked from popular UK ISPs. The BPI only exists to monopolize the music industry.

    Grooveshark is a company that profits off of content that they have no rights to. They hide behind the DMCA and are complete scumbags who pretend to engage in fair business practices and then turn around and renege on agreements, all the while people defend them as if they're making some form of moral stand against the oppressive music industry, when in reality they're choosing to make money on the back of the hard work of others.

    Spotify is a fantastic alternative to Grooveshark that has a wealth of music in their library, they're compliant with labels and the law and have millions of users, I don't see the BPI trying to shut them down. Maybe, just maybe, there can be an instance where the "music industry" is in the right. Grooveshark is a shameful business.

    I look forward to the day that Grooveshark shuts down. I'm all for revolutionising the music industry and changing the world, but there is a serious line crossed when a company consistently uses others work to profit, without permission. Spotify is doing it legally.

    http://www.theverge.com/policy/2013/8/6/4592346/grooveshark-...

    • patrickaljord 12 years ago

      Spotify is not a fantastic alternative. They keep on losing money in spite of growing revenues: http://www.theverge.com/2013/7/31/4575506/spotify-doubled-re...

      The only reason Spotify doesn't have too much competition is because few are those willing to waste so much money on such a low margin business, not because they have a ground breaking technology or business model. The fact that they now have to compete with rdio, pandora, apple and google streaming will probably deepen their losses.

      A fantastic company in this field will be one that will print money like it streams music.

      • citricsquid 12 years ago

        The CEO of Spotify has stated that they are choosing to forego profits at present so that they can invest in the long term success of the service, however they could be profitable if they needed to be. The comments on that article you linked to provide a valuable example of the value of what Spotify are doing: Amazon.

        http://allthingsd.com/20121206/spotifys-daniel-ek-on-profits...

        • revelation 12 years ago

          Amazon isn't faced with a non-rational business conglomerate with complete control over every product.

          Spotify is simply hoping to grow so big so fast that labels can no longer afford to bleed them to death. They are not exactly building warehouses.

    • m010001 12 years ago

      I'm already aware of Grooveshark being gray-area, however, the law is the law. They are not breaking the laws in the UK or the USA, as far as I am aware. Spotify is good, I continue to use Grooveshark because Spotify has only popular musicians, I listen to underground music. If Grooveshark gets closed down I will switch to YouTube. The reason I use Grooveshark over YouTube at the moment is purely because of the 'Now Playing' lists.

      If the BPI is unhappy with Grooveshark because of their music being on it, either make a deal with them or DMCA all the artists. If they block the whole site, they're only making it harder for me to listen to the type of music I want to listen to. As I said, it's a monopoly.

    • angersock 12 years ago

      That's all well and good, but when I need to stream music instantly Grooveshark has my back--no fee, no sign-in, no bullshit.

      The piracy wars are going to be won or lost based solely on user experience, mark my words.

      • anoncowherd 12 years ago

        > That's all well and good, but when I need to stream music instantly Grooveshark has my back--no fee, no sign-in, no bullshit.

        You're completely missing the point. It's irrelevant that you can get music for free, because it's not produced for free. It costs money to produce music and to arrange it to be available on Amazon or iTunes or where ever.

        It's not unreasonable to expect you to pay for music. I don't mean to imply anything about "stealing", but you wouldn't walk into a supermarket expecting to just take stuff either. It's about someone producing something of value that you want.

        • angersock 12 years ago

          And I'm telling you that nobody gives a shit, because they just want to listen to music.

          Look, I'll happily debate intellectual property structures and incentives and all the rest, but the thing--the big elephant in the room--is that everybody just wants to be able to push a button and get music.

          At the end of the day, the core relationship is between the artist and the listener--everything else, be it recording or ticketing or distribution or whatever, is secondary fluff.

          Grooveshark offers the most compelling experience to the user right now, regardless of how scummy (and I do mean scummy!) their business practices are.

          • anoncowherd 12 years ago

            > And I'm telling you that nobody gives a shit, because they just want to listen to music.

            I do realize that people are selfish and just want everything for free, and that computers & the Internet enable them to circumvent having to pay for music.

            That doesn't change anything about my point, though.

            Do you realize that if music producers can't make a satisfactory profit, then music will just not be produced? Again, it costs money to produce music and to make it available for purchase. I've downloaded music, just like everyone else, but as a genuine music lover, I've also happily paid for some 200 - 300 CDs back in the day, and those comprise roughly 95% of all the music I listen to.

            Do you get it? It's alright to pay for music. It's downright expected by anyone producing it. There is no free lunch. There aren't many things of real value that you can expect to get for free. Open-source software is a rare exception, but that doesn't really apply on the desktop, so.. yeah. Think about this stuff. You need to see beyond yourself.

            • angersock 12 years ago

              I ask again: so what?

              Musicians don't need producers--in fact, this has been a role only recently filled in the 20th century. They don't need them to perform, they don't need them to record, they don't need them to make money. In fact, you can very easily find examples of producers doing more hard than good...just ask any fan of Streetlight Manifesto.

              Technology, both in recording and broadcasting, has advanced to the point where we don't need these gatekeepers. The market will adapt to supply good-but-cheap recording gear for musicians who can't afford lots of studio time. The market will create cheap online labels--already has.

              You didn't say a damn thing the artists, man. You just kept trying to find a way to fund the middlemen. People like you are what'll kill music, if anything.

              • anoncowherd 12 years ago

                > I ask again: so what?

                >> And I'm telling you that nobody gives a shit, because they just want to listen to music.

                Sure, you Just Want to listen to music, but that doesn't mean musicians/producers/record-companies should then just give it to you for free. This is what you're still missing.

                I Want to have sex with hot women, but that doesn't mean they should then just automatically stop and spread their legs at me where ever I go.

                > Musicians don't need producers--in fact, this has been a role only recently filled in the 20th century. They don't need them to perform, they don't need them to record, they don't need them to make money. In fact, you can very easily find examples of producers doing more hard than good...just ask any fan of Streetlight Manifesto.

                Sure, traditional record companies are increasingly unnecessary, but people still need to somehow become aware of an artist's music - otherwise no one will buy it. In other words, there's still a need for "awareness middlemen" and/or advertising, even if home studios have made record companies unnecessary on the production side.

                But see, when you declare that you just Want Stuff For Free, you're not making a distinction between those evil record companies and their poor abused slaves, the artists.

                You can download the shit out of an independent artist's music, but he too wants you to pay for it. Gracing someone's music with the attention of your ears doesn't actually put food on his table.

                There are songs available for purchase. If you want a particular song, you should pay for it, because the song has value to you. If you download it for free, you get something of value, but the music producer gets nothing. That's simply not a fair trade. To be more exact, it's not even a trade. It's you by-passing the trade.

            • spacelizard 12 years ago

              >Do you realize that if music producers can't make a satisfactory profit, then music will just not be produced?

              I cringe whenever I hear someone express this sentiment, it's the equivalent of the nuclear option. Do you really think these companies are just going to get frustrated, pack up their toys and go home? No, of course not. It's the same reason I don't buy into these "starving artist" sob stories: no one can escape market forces. The fact of the matter is, that business landscape is extremely competitive and typically requires a large initial investment. It's always been this way. The one force that seems to be an equalizer is technology in general getting cheaper and cheaper, NOT the protectionism known as copyright.

              • anoncowherd 12 years ago

                > Do you really think these companies are just going to get frustrated, pack up their toys and go home?

                As I said, if the producers can't make a satisfactory profit, then they'll stop producing music. See, that would actually be the point where they'll just throw in the towel. If everyone thought that they're somehow entitled to receiving music for free, like the guy I responded to, then the only music you could get would be the musical equivalent of open-source.

                > It's the same reason I don't buy into these "starving artist" sob stories: no one can escape market forces.

                Oh believe me, I'm all for market forces. I'm not saying musicians should be entitled to making a living through music either.

                > The fact of the matter is, that business landscape is extremely competitive and typically requires a large initial investment. It's always been this way. The one force that seems to be an equalizer is technology in general getting cheaper and cheaper, NOT the protectionism known as copyright.

                Note that you're actually talking about business there. So am I.

                I don't even support IP enforcement or patents etc, I'm just saying that if no one takes music producers up on their offer of voluntary exchanges of music for money, then all those who are producing it to make money will simply stop.

                • spacelizard 12 years ago

                  When the listener isn't paying, there will always be someone else to foot the bill: the artist. This is already happening on a wide scale. You forget the primary function of a music production company is to act as a bank for the artist, they'll sign a contract with anyone who is willing to re-pay a loan. The point I was making is that it's not things like Grooveshark discouraging those practices, it's cheap technology which has made it more cost-effective for artists to just avoid production companies all together.

                  And this is a GOOD thing. We don't need them. Those companies filled a needed economic role before when cost-effective recording and distribution was a problem, but it's not anymore. Keeping them around is just encouraging economic abuse, i.e. rent-seeking in the form of royalties and licensing fees.

                  • anoncowherd 12 years ago

                    > When the listener isn't paying, there will always be someone else to foot the bill: the artist.

                    Yep, it's possible his music is just not good enough, and that he should pursue other ways of making a living. Market forces and all.

                    > You forget the primary function of a music production company is to act as a bank for the artist, they'll sign a contract with anyone who is willing to re-pay a loan

                    Well, I'm not sure it's that simple. They're expecting a return on their investment. If a new artist signs up and takes on a $1M "loan", but then proceeds to sell zero records, how will the loan get paid back?

                    > The point I was making is that it's not things like Grooveshark discouraging those practices, it's cheap technology which has made it more cost-effective for artists to just avoid production companies all together.

                    Sure, it's never been cheaper to make and sell music online. That's fine, but I was talking about the business side of things, where music producers really do expect/hope people to pay for it, because otherwise they wouldn't be putting it up for sale.

                    It's quite effortless to by-pass paying for music, but that doesn't mean the music you're happily downloading for free was meant to be free.

            • aspensmonster 12 years ago

              >Do you realize that if music producers can't make a satisfactory profit, then music will just not be produced?

              No, I don't realize that. The overwhelming majority of music never makes any money because making money isn't the point. Making money is the point for a small contingent of entrenched players who carved out a market for themselves decades ago and are now seeing it disrupted. Far more artists fear obscurity and irrelevance than could ever fear piracy. Any residual coin they make due to any eventual popularity is just icing on the cake.

              • anoncowherd 12 years ago

                > No, I don't realize that. The overwhelming majority of music never makes any money because making money isn't the point.

                I do realize that music is a passion for musicians, but record companies are in it for a profit. They're businesses, and they're what I was referring to.

                You're free to seek out indie musicians on CDBaby or whatever and then download the shit out of their music, but even they'd at least prefer that you buy it. That's why their music can be found online.

            • epochwolf 12 years ago

              What I think you're missing is people don't believe them not paying for music causes harm. Even if they did, I suspect a large number of them simply won't care enough to pay.

              • anoncowherd 12 years ago

                > What I think you're missing is people don't believe them not paying for music causes harm.

                I'm aware of that. But I don't think the guy I originally responded to thought even that far. That's why I responded. He's just completely oblivious to the fact that people putting music up for sale actually do expect others to pay for it.

            • icebraining 12 years ago

              Do you realize that if music producers can't make a satisfactory profit, then music will just not be produced?

              I doubt it, but if that is true, then there's a natural incentive to pay for music, and there's no need for copyright law; if people want music to be produced, they'll be forced to pay.

Blahah 12 years ago

I skipped the word 'property' on my first take...

> UK Launches Intellectual Crime Unit

Mistake or premonition?

regularfry 12 years ago

> The unit will also be focused on influencing online behaviour by site owners, service providers and consumers through education, prevention and enforcement activity, and providing offenders where appropriate with opportunities to accept restorative justice.

Er... is that implying that a police unit is being given judicial powers?

  • Blahah 12 years ago

    They already have them.. with fines and cautions. You can take those judgements to the judicial branch for appeal, but the initial power lies with the police.

    • regularfry 12 years ago

      Yeah, this is true. I can't help but wonder what, exactly, this press release is referring to.

  • harrytuttle 12 years ago

    Well we're fucked then. The police are not domain experts on the law. They are the halfwit broken outsourcing company.

    • UVB-76 12 years ago

      If you disagree with a penalty issued by the police, you can appeal to the judicial branch.

      Allowing the police to deal with certain minor infractions themselves is far more efficient than the alternative; ordering every offender to appear before a magistrates' court even for the most minor infraction, such as a speeding ticket.

      • harrytuttle 12 years ago

        You'd think but the two penalties I've been issued by the police which were speeding and talking on a phone whilst driving were wrong. I wasn't doing either. The first one was trickery by the officer who persuaded me to admit to it as it's be easier. The second, i was actually scratching my head after chicken pox.

        Both of those i had to appeal and won instantly when talking to the magistrate.

        Allowing these morons to issue fines and penalties for more complicated issues such as in this case is a very bad idea.

      • Silhouette 12 years ago

        If you disagree with a penalty issued by the police, you can appeal to the judicial branch.

        This is a fine principle provided that someone innocent who defends themselves successfully in court will then be compensated so they don't lose out in any way. The reality appears to be that for things like minor traffic offences, you can wind up spending more time and far more money travelling to have your day in court than you would have lost if you just paid up under protest, and you might also be risking a higher penalty if the court does find you guilty of exactly what you were previously charged with.

        With motoring offences there is also the points system to consider, so it might be worth going to court for that reason. However, generally someone prosecuted but found not guilty in the UK doesn't seem to get any sort of compensation for even actual financial losses they incur defending themselves, never mind the value of their lost time or anything to make up for the obvious distress for an extended period that going to court in these cases is likely to cause.

        It's rather like the small claims track. In principle, it's a worthy public service. In practice, for a professional with a full time job and family commitments who is working without expert advice because the point is to avoid involving expensive lawyers in low-value cases, the time just to figure out how to file against someone without jeopardizing your case before it's even started is prohibitive.

        • UVB-76 12 years ago

          Unfortunately, that's just the way the cookie crumbles. Defending yourself against an accusation will always be costly.

          I take comfort in the fact that the authorities very rarely make completely baseless accusations. There are certainly cases in which officers were mistaken, there are mitigating circumstances, or you can avoid punishment on a technicality, but I can't think of any instances in which authorities have been caught issuing vexatious fixed penalty notices.

          • Silhouette 12 years ago

            Unfortunately, that's just the way the cookie crumbles. Defending yourself against an accusation will always be costly.

            Why must it always be costly? It is a perfectly rational alternative policy to bring a smaller number of prosecutions, and to compensate defendants for their costs, wasted time and distress, if a prosecution fails.

            I take comfort in the fact that the authorities very rarely make completely baseless accusations.

            You might like to look up some of the published data about the proportion of appeals that succeed against things like local-authority-issued parking tickets and ANPR-based congestion charges. It happens all the time, and erroneous charges aren't even close to the kind of isolated incidents you seem to believe they are.

            As a matter of fact, there have been plenty of stories of deliberate policies to issue penalties aggressively (and sometimes outright unlawfully), but this doesn't really matter to the victims anyway. Whether it was malicious on the part of the authorities or their enforcement people just got duped as in the cloning case you mentioned makes no difference at all to an innocent third party who gets slapped with a penalty notice they didn't deserve.

            • UVB-76 12 years ago

              > Why must it always be costly? It is a perfectly rational alternative policy to bring a smaller number of prosecutions, and to compensate defendants for their costs, wasted time and distress, if a prosecution fails.

              I'm not well versed in the details, but I understand you can reclaim certain costs incurred in defending yourself in such cases.

              It is, alas, completely impracticable to cover all costs, as many of the costs (compensation for the distress caused, time spent worrying about the case, etc.) are non-pecuniary.

              Hence defending an accusation will always be costly. No one is ever going to come out of a court case, even when proven innocent, thinking the whole experience had a net positive impact on their life.

              > You might like to look up some of the published data about the proportion of appeals that succeed against things like local-authority-issued parking tickets and ANPR-based congestion charges. It happens all the time, and erroneous charges aren't even close to the kind of isolated incidents you seem to believe they are.

              That's what I was referring to in the subsequent qualification. People routinely get off the hook for such infractions on technicalities, but that doesn't render the initial accusation baseless.

              Generally speaking, the person will have been at the location on the given date, doing something or other that gave the authority good reason to issue them with a fine.

              If they were not, it is usually a reasonable misunderstanding (e.g. cloned plates, stolen car, taken without owner's consent, ANPR system mis-read a plate) and relatively straightforward to clear up.

              > Whether it was malicious on the part of the authorities or their enforcement people just got duped as in the cloning case you mentioned makes no difference at all to an innocent third party who gets slapped with a penalty notice they didn't deserve.

              What else are you going to do? Stop issuing penalties for motoring offences full-stop because a tiny percentage of vehicles on the road are stolen, or taken without the owners' consent, or have cloned plates, and thus issuing a penalty to the owner will stress them out?

              • Silhouette 12 years ago

                I'm not well versed in the details, but I understand you can reclaim certain costs incurred in defending yourself in such cases.

                Very little. If you've had professional legal representation then naturally the legal profession tends to look out for them, but the compensation to defendants personally (and to other parties involved in a case, such as witnesses and jurors) for their time and inconvenience is negligible.

                What else are you going to do? Stop issuing penalties for motoring offences

                It is sad that you dismiss that possibility without even considering it. Our structure for penalising poor driving in the UK is woefully unfit for purpose:

                1. Its sanctions aren't an effective deterrent for the relatively small number of drivers whose behaviour really is habitually unacceptable and likely to cause significant problems for others.

                2. It penalises many generally good drivers for breaking arbitrary rules without any evidence that what they did was actually dangerous, or even inconveniencing anyone else.

                3. In some cases, it even gives drivers a despicable choice between driving safely and driving legally, because obeying those arbitrary rules when they are obviously inappropriate under the circumstances will antagonise and/or inconvenience other road users. Some of those other users will then do something more dangerous, such as performing a risky overtaking manoeuvre, and while the law may say that the other driver is then responsible for the resulting accident, that is of no comfort to the innocent and now dead third driver who was coming the other way and wound up in the head-on collision.

                5. It penalises many generally good drivers for minor errors that everyone makes at some point, based essentially on luck. If everyone were actually prosecuted reliably and uniformly for these offences, so many drivers would lose their licence within a month that the law would be brought down or the government would be. Because prosecutions instead happen only intermittently and the law is inconsistently applied, it instead serves as an effective fund-raising tool, often with a glaring conflict of interest where effectively altering driver behaviour would reduce revenues so the incentives are aligned with catching people out rather than deterring undesired actions, and it breeds driver resentment.

                In short, our system does not effectively defer serious bad behaviour, while simultaneously penalising behaviour that may not have caused any real problem at all and reducing general respect for the law among a very large proportion of the adult population.

                With the rise of automated penalties where no review by a human with common sense need even be involved, man is now judged (often erroneously) by machine, and as I've been arguing, that means the system causes wildly disproportionate distress to a significant number of completely innocent people. I don't accept your claim that the people getting off on these appeals were almost always there and doing something wrong really and just got off on technicalities. I've never seen any data to support that position, in contrast to numerous reports that would indicate otherwise and demonstrate beyond any doubt that these kinds of automated enforcement systems are often fundamentally flawed.

                (Just to be clear: I have been a driver for many years, and never had so much as a parking ticket. I have no personal axe to grind here. I just think obviously broken "justice" systems should be fixed, not defended as if making something the law automatically makes it right.)

  • tristanj 12 years ago

    The City of London has a unique legal position that lets type of thing happen. If you look into this corporation's history it will make much more sense.

w1ntermute 12 years ago

Note that the "City of London"[0] is a city within Greater London.

0: http://en.wikipedia.org/wiki/City_of_london

misnome 12 years ago

Pretty hilarious, given that this just came up on the BBC also: http://www.bbc.co.uk/news/uk-24094435 - using fonts without permission ("The Home Office said it was trying to contact the copyright owner to reach an agreement.").

eikenberry 12 years ago

Looks like the Brits haven't changed much.

https://en.wikipedia.org/wiki/Luddites https://en.wikipedia.org/wiki/Red_Flag_Act

  • EllaMentry 12 years ago

    I really have no clue what your point is here...

    The first link concerns a small group protesting against increased automation...this has happened in practically every place that has had manufacturing...

    The second concerns road safety acts, although they sound ludicrous by todays standards, served as an important step in the transition from horses to automobiles - in a country which had been relying on horses for transport for atleast 1000 years prior.

UVB-76 12 years ago

Press Release from the City of London Police with more information: http://www.cityoflondon.police.uk/CityPolice/Departments/ECD...

touristtam 12 years ago

er .. ok, what a waste of public money. really.

Create 12 years ago

Did You Say “Intellectual Property”? It's a Seductive Mirage

The distorting and confusing term did not become common by accident.

The term “intellectual property” is at best a catch-all to lump together disparate laws. Nonlawyers who hear one term applied to these various laws tend to assume they are based on a common principle and function similarly.

Nothing could be further from the case. These laws originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues.

https://www.gnu.org/philosophy/not-ipr.html

jwatte 12 years ago

Would you like some Pirate Cinema with that?

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