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Riejufixing |
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Riejufixing World Chat Champion
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Ste |
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Ste Not Work Safe
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Posted: 08:56 - 21 Jan 2020 Post subject: |
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Legal, or not legal?
Go directly to jail; do not pass go, do not collect £200.
RIP. |
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Riejufixing |
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Riejufixing World Chat Champion
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pepperami |
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pepperami Super Spammer
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Riejufixing |
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Riejufixing World Chat Champion
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JackButler |
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JackButler Traffic Copper
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doggone |
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doggone World Chat Champion
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JackButler |
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JackButler Traffic Copper
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MarJay |
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MarJay But it's British!
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Kit352 |
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Kit352 Derestricted Danger
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JackButler |
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JackButler Traffic Copper
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BTTD |
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BTTD World Chat Champion
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stinkwheel |
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stinkwheel Bovine Proctologist
Joined: 12 Jul 2004 Karma :
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Posted: 14:09 - 21 Jan 2020 Post subject: |
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MarJay wrote: |
You will need to prove that you have no ability to receive broadcast TV, which now includes over the internet I think... so you'll need to tread very carefully, at least until Boris and his ilk debate the decriminalisation of license evasion. |
Point of order. It's not having the ability to do so. It's using it to do so. Otherwise everyone with an internet connection would have to have a TV licence. They also have to prove beyond reasonable doubt you were using it if it goes to court.
Regarding the recordings. People tried to use this as a loophole to get out of paying the licence fee at one point. They watched their TV a day behind on their video recorder.
This didn't fly because it was ruled that the VCR was a "receiving device" (which it is) and at the point of recording, it was receiving live TV broadcasts and therefore required a licence.
That kind of answers the question and because they made such a fuss about it at the time and based prosecutions on it, they can't go back on it now. So if the recording was made using a VCR in a licenced property, that was legal in terms of a TV licence. When you chose to re-play that recording has nothing to do with it. Interestingly, by recording TV when you don't have a licence, you actually produce physical evidence of your crime.
Copyright law is a whole other can of worms. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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stinkwheel |
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stinkwheel Bovine Proctologist
Joined: 12 Jul 2004 Karma :
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Posted: 14:30 - 21 Jan 2020 Post subject: |
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Kit352 wrote: | The real question is if you can still receive current broadcasts. That's what they will go after. It happened to me. When you go to court they will bend the laws to rule in their favor.
What happened to me was i had no cable service but i did have internet through Virgin. Virgin reported me to the licensing dept that i was potentially watching BBC content without a license. Many people eventually showed up at my house and while the TV was dumb and i was only watching DVD's and stuff they zeroed in on my PS4 as being able to stream iplayer content and therefore i was guilty. 5 year back taxes cost was the penalty.
FYI- if they didnt use the ps4 as the chief reasoning for being able to watch the BBC they were quite happen to go after my tablet next. Its a system built for you to loose. In court the question they ask is there a way in your house to watch or record the BBC. Any internet connected device is capable to downloading the iplayer within 3 clicks so you are guilty. The rules as they are written now are older but in court they just modify them to cover pretty much any device. If its not the tv then its the gaming console. If not that then its your tablet. then its your phone, laptop etc. Guy before me lost because the pub below him offered free wifi for customers and he could use that free signal to stream the BBC.
It is really a maddening system when your caught up in it. Now i just pay as they are watching me. Some people get away with it for years, others not so long. It took them 3 months of me moving house with no license to really start coming after me and maybe 6 months to when i was in court. If i didn't move and have Virgin rat me out i would probably still be living tax free. |
I can pretty much garauntee that at some point in the conversation, you admitted to watching TV. The verbosity of your post shows how and why.
The first and main mistake you made was letting them in. No search warrant? Fuck off.
What happened to you is an employee from capita plc knocked at your door because your address was on his list of addresses who have no licence and he's paid commission on every one of those he prosecutes.
You engaged him in conversation at the door and he "cold read" you to find out you used virgin broadband. He then bullshitted you that they had informed him you could have been using the internet to watch BBC (as could anyone who has an internet connection).
Having successfully got you flustered. You let this employee of a private company into your house where he homed in on your games console. He would have implied that this was definitive proof that you were breaking the law without actually saying as much (or might have outright lied). The aim being to keep you both slightly flustered and on the defensive.
They then have two tricks. The first is to keep you talking until you admit you watched iplayer. The other one is they get you to fire it up and demonstrate that it can receive iplayer -at which point they just witnessed you watching iplayer-. You seem like a talker so I suspect option 1 is what happened.
Next news they have enough "evidence" to prosecute. Again, you are a slightly flustered talker so in court they'll have just kept browbeating you until you owned up to it.
In short. You got played.
Do not talk to TV licencing. Do not allow TV licencing into your house unless they are executing a search warrant (for which they need to show a good reason to a magistrate, not having a licence is not a good reason and would be accompanied by a police officer).
It's a strict liability offence so if you admit at all to accessing iplayer, watching TV regardless of how, you admitted guilt. Even if it was by accident. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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bhinso |
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bhinso World Chat Champion
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JackButler |
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JackButler Traffic Copper
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Posted: 15:20 - 21 Jan 2020 Post subject: |
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stinkwheel wrote: |
Do not talk to TV licencing. Do not allow TV licencing into your house unless they are executing a search warrant (for which they need to show a good reason to a magistrate, not having a licence is not a good reason and would be accompanied by a police officer).
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In my case he stood in front of a magistrate & said that he'd witnessed the TV playing a live 6pm news program through a window. He didn't & he couldn't have because there was no aerial lead to the TV, not just a disconnected lead but no aerial feed at all in the room. I'm told that they word it differently these days & just claim that they have 'reasonable suspiscion' to believe that live broadcasts can be received.
Boy, did he squirm when I pointed out to him, in front of his 2x impeccable witnesses, that he had committed perjury to obtain his search warrant.
Incidentally, if/when they do turn up with a valid warrant, don't obstruct them. You don't have to be nice to them, just don't obstruct them, let it happen & go with the flow. ____________________ I clean my guns with the tears of the snivelling, left wing scum. |
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JackButler |
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JackButler Traffic Copper
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hellkat |
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hellkat Super Spammer
Joined: 12 Jul 2004 Karma :
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Posted: 22:05 - 22 Jan 2020 Post subject: |
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Oh God, he's one o' them
____________________ Not nearly as interesting in real life. |
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Ste |
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Ste Not Work Safe
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Ste |
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Ste Not Work Safe
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mentalboy |
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mentalboy World Chat Champion
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Hetzer |
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Hetzer Super Spammer
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stinkwheel |
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stinkwheel Bovine Proctologist
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JackButler |
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Riejufixing |
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Riejufixing World Chat Champion
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Old Thread Alert!
The last post was made 4 years, 93 days ago. Instead of replying here, would creating a new thread be more useful? |
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