In March this year, the UK Intellectual Property Office (IPO) ordered a special study to determine the optimal prison sentence for online pirates. According to the document, which was composed by experts Martin Brassel (Martin Brassell) and Jan Goodyer (Ian Goodyer), the difference between the approaches of the modern legislation of the country is not clear: if for the theft of physical objects protected by copyright or industrial espionage, you can get up to 10 years in prison, who illegally downloads files from the Internet in the worst case can get off with a maximum of 2 years behind bars.
Mike Weatherley, an adviser to the British Prime Minister who lobbies the interests of copyright holders, briefly suggested a published report in this way - various criminal penalties are imposed for crimes in the “real” and online and thereby unwittingly hint that theft on the Internet is a less significant crime. In this regard, this imbalance must be eliminated, so that online pirates know that for their work they can spend up to ten years in prison. The British government has begun consultations on this issue.
The British and Irish Law, the Education and Technology Association (BILETA), which unites lawyers and scientists, called the project of increasing the punishment for piracy "unacceptable, unprofitable and too expensive." BILETA experts do not at all reject the problems voiced by the government, but they say that such cruel measures are almost physically impossible.
First, the British penitentiary system has been overburdened since 1994, and the influx of people into prisons thanks to a law that many Internet users actually fall under can lead to a serious burden on taxpayers. Secondly, the system for identifying those guilty of copyright infringement is still far from ideal: finding the owner of the site that distributes torrent files or determining who specifically downloaded this or that file can be very difficult. If we reject the scrupulous approach here, then again a very large number of people may be punished.
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In Australia, the court approached the issue of criminal prosecution of online pirates in an unusual way. He
ruled that the company that filed claims with the Internet provider, demanding that he give out personal data of users, should pay $ 442,000 for their receipt. In addition, the court prohibited to impose unreasonably large fines for those convicted of illegal downloads.