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Football by Satellite and the Law
Karen Murphy case - judge to Rule on 03/02/11
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<blockquote data-quote="bigtee" data-source="post: 738060" data-attributes="member: 238440"><p>It is not even enough to pluck an Internet definition of fraud. In this country, you will have to find a statutory or common law crime of fraud with attendant definition into which you fit the actions of the concerned person before you can establish fraud. If it was that easy the FAPL, MPS and others like Nova (though unlikely in the case of overseas providers) would have prosecuted people for <em>fraud</em> for using a domestic foreign card in a commercial premises. They have rather been pursuing their actions under the Copyright Designs & Patents Act. </p><p></p><p>Also, if we were following the suggested approach we would be saying that a person who buys and uses a card splitter (where technically possible) rather than taking out a multiroom subscription is also committing fraud. This is of course nonsense and we should be cautious about labelling people as criminals or committing fraud without an adequate understanding of the law. In fact there is a case to be made that such labelling amounts to libel/defamation.</p></blockquote><p></p>
[QUOTE="bigtee, post: 738060, member: 238440"] It is not even enough to pluck an Internet definition of fraud. In this country, you will have to find a statutory or common law crime of fraud with attendant definition into which you fit the actions of the concerned person before you can establish fraud. If it was that easy the FAPL, MPS and others like Nova (though unlikely in the case of overseas providers) would have prosecuted people for [i]fraud[/i] for using a domestic foreign card in a commercial premises. They have rather been pursuing their actions under the Copyright Designs & Patents Act. Also, if we were following the suggested approach we would be saying that a person who buys and uses a card splitter (where technically possible) rather than taking out a multiroom subscription is also committing fraud. This is of course nonsense and we should be cautious about labelling people as criminals or committing fraud without an adequate understanding of the law. In fact there is a case to be made that such labelling amounts to libel/defamation. [/QUOTE]
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Karen Murphy case - judge to Rule on 03/02/11
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