I've not been around for a few weeks and I can see why I've not been around for that time, it seems that people's attitudes and what not don't seem to change and that a new breed of member has come about. This thread alone is directed at those that seem to think they know the law and are using it to make threats towards members of lomcn, in one form or another. If you want to act like children and threaten like children, then make sure you look at this thread first, as I don't want you to look like a complete and utter plank for posting incorrect information when threatening someone.
Lets start with something that seems to be getting used a lot and actually no one really knows what they can and can't do in the terms of UK Law
Defamation:
Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).
In common law jurisdictions, slander refers to a malicious, false,and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. "Unlike [with] libel, truth is not a defense for invasion of privacy."
If the basis of fact is correct at the time of comment and can be proven as fact and the plaintiff has no evidence to backup the point of fiction, then you as the plaintiff would be held in contempt and would face the likely prospect of having to pay all court cost to the third parties who you proceeded to take the case against. The third parties can also counter sue under defamation and liable and would win the case outright on the evidence of your own case falling flat.
When threatening to sue someone of Defamation or Liable, then you need to take into account the following information as well.
Article 10, Freedom of Expression of the Human Rights Act 1998, which is a qualified right, states everyone has the right of freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This guarantees the right to pass information to other people and to receive information that other people want to give to you. It also guarantees the right to hold and express opinions and ideas.
I've also taken note that some are under the illusion that just because a set of server files are of a certain age that they don't come under copyright infringement, this is also incorrect.
Copyright is a set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression. In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the public domain. Uses covered under limitations and exceptions to copyright, such as fair use, do not require permission from the copyright owner. All other uses require permission. Copyright owners can license or permanently transfer or assign their exclusive rights to others.
When using the files in the condition that they are currently in, you are breaking copyright laws just for having them on your pc/laptop/server. As you are using the files in an adapted frame, as the emulators created for the files have been created to run the files. Even if the files are 10 years old that you are using, they are still a copy of the original Wemade run servers and as such fall under copyright no matter how old they are.
So if people want to continue to threaten people then fine, just make sure you get facts correct before making that threat.
As well the above information, you also need to make sure especially if you are threatening someone that you don't fall under the following as well....
Computer Misuse Act 1990
ISP Terms and conditions of a residential connection
1998 DATA PROTECTION ACT
ARTICLE 8 PRIVACY LAW
I can certainly say that not one server that is advertised here on lomcn conforms to any of the laws above and if anyone wants to think that they do, then I can gladly point you in the direction of a DPA Auditor or a Information System Auditor and then have a good old laugh with the members of lomcn when you are getting a huge fine for non conformity to DPA and other laws that protect peoples information.
Oh and posting someone's information from a chat log doesn't fall under DPA, as it's not personal information..........
Have fun reading and bare in mind there are a lot more than just the above to protect normal people such as myself and other MMO players........
Lets start with something that seems to be getting used a lot and actually no one really knows what they can and can't do in the terms of UK Law
Defamation:
Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).
In common law jurisdictions, slander refers to a malicious, false,and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. "Unlike [with] libel, truth is not a defense for invasion of privacy."
If the basis of fact is correct at the time of comment and can be proven as fact and the plaintiff has no evidence to backup the point of fiction, then you as the plaintiff would be held in contempt and would face the likely prospect of having to pay all court cost to the third parties who you proceeded to take the case against. The third parties can also counter sue under defamation and liable and would win the case outright on the evidence of your own case falling flat.
When threatening to sue someone of Defamation or Liable, then you need to take into account the following information as well.
Article 10, Freedom of Expression of the Human Rights Act 1998, which is a qualified right, states everyone has the right of freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This guarantees the right to pass information to other people and to receive information that other people want to give to you. It also guarantees the right to hold and express opinions and ideas.
I've also taken note that some are under the illusion that just because a set of server files are of a certain age that they don't come under copyright infringement, this is also incorrect.
Copyright is a set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. Copyright does not protect ideas, only their expression. In most jurisdictions copyright arises upon fixation and does not need to be registered. Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works for a specific period of time, after which the work is said to enter the public domain. Uses covered under limitations and exceptions to copyright, such as fair use, do not require permission from the copyright owner. All other uses require permission. Copyright owners can license or permanently transfer or assign their exclusive rights to others.
When using the files in the condition that they are currently in, you are breaking copyright laws just for having them on your pc/laptop/server. As you are using the files in an adapted frame, as the emulators created for the files have been created to run the files. Even if the files are 10 years old that you are using, they are still a copy of the original Wemade run servers and as such fall under copyright no matter how old they are.
So if people want to continue to threaten people then fine, just make sure you get facts correct before making that threat.
As well the above information, you also need to make sure especially if you are threatening someone that you don't fall under the following as well....
Computer Misuse Act 1990
ISP Terms and conditions of a residential connection
1998 DATA PROTECTION ACT
ARTICLE 8 PRIVACY LAW
I can certainly say that not one server that is advertised here on lomcn conforms to any of the laws above and if anyone wants to think that they do, then I can gladly point you in the direction of a DPA Auditor or a Information System Auditor and then have a good old laugh with the members of lomcn when you are getting a huge fine for non conformity to DPA and other laws that protect peoples information.
Oh and posting someone's information from a chat log doesn't fall under DPA, as it's not personal information..........
Have fun reading and bare in mind there are a lot more than just the above to protect normal people such as myself and other MMO players........
.
