Is This Legal

[389shell]

MSE has just amended most of its posts and closed it.

Another illegal thread has just been removed from the net on another forum.

 

This one, we wish to be deleted as well as it invariably ends up with data protection being broken somewhere along the lines.

 

Wow, that has to be the most defensive post I've ever seen to a perfectly logical question

[389shell]

Lol, just read the rest of the thread in between washing up, I love this line

 

Maybe we should host a dating site for sad, reclusive, virgins who sit on consumer forums all day? What do we all think???

 

I must say though, this guy has some balls, not that I would know mind, being a sad reclusive virgin

[heliosfa]

Thank you for your email.

We shall be contacting XL Trading for relevant licensing.

Many thanks,

Darren

 

How much is a PRS License to sell music and run a Music TV station?

 

 

And this Sad, Reclusive Virgin is off to talk to his Fiancee!

 

H

[underlay_guru]

Funny, Mr. Shaw is the guy on the XLTrading.net domain registration...

 

H

 

What's also funny is that someone else called Tim Shaw is a Sheffield born DJ, and was recently controversially sacked from Sheffield-based radio station Hallam FM.....

......concluding the name on the domain reg is fake.

 

As an internet trader, XL must display a geographical address on the website to abide by the DSR's. XL has previously informed my they are fully aware they must do this, but are happy to omit the required information until they get caught.

 

XL have failed to provide proof that their geographical address is NOT 2*0 E*m L*n*, Sh*ffi*ld. Xl claim on their own website that these details are fake. I absolutely challenge XL Trading to prove that the above address is not the geographical location of XL. The simplest way to do this is to adhere to the DSR's and publish your true geographical address.

 

But again, this falls on deaf ears, because XL are fully aware that they are conducting extremely iffy activity and do not want a knock on the door from the local fuzz. XL know they are exploiting an incredibly small loophole in the law which allows them to sell pirated software (but they are never going to admit this on a forum, are they?)

Edited October 20, 2009 by underlay_guru

[underlay_guru]

Lol, just read the rest of the thread in between washing up, I love this line

 

 

 

I must say though, this guy has some balls, not that I would know mind, being a sad reclusive virgin

 

I'd best tell my wife that i'm a sad reclusive virgin ....and my kids

[underlay_guru]

Also....

 

XL are still selling the XBox games BORDERLANDS and FORZA 3 on their website. Since these games are not yet legally for sale anywhere, the 'only to be used as backups' excuse will not wash.

 

Pirated software.

[underlay_guru]

Lastly....

 

It gets funnier and funnier by the day how the guy running this tinpot illegal copied software website from his shed in the Parsons Cross area of Sheffield sneers at the likes of Sony/Microsoft/Nintendo/EMI, thinking they are allowing him to continue running this operation for ever. do you honestly think they are turning a blind eye? Do you honestly think they are spitting feathers because they cannot get you prosecuted? Do you honestly think they have viewed you website and thought: "Oh well, we can't do anything about that...Lets just leave him to it". Do you honestly think that they are to leave you alone because you are a crafty del-boy type fella, selling hooky CD's for a bit of beer money? You thought wrong, young man!

 

These are amongst some of the largest grossing companies in the World, and do not take kindly to blokes on council estates stealing their work and reselling at a profit. They employ the best legal representatives in the World to protect their products, and trust me - they will have offices collecting evidence as we speak, and when all that juicy evidence is collated...the first people they target will be QUOTE: "The Worlds No1 Backup Service Provider".

 

XL also claim they will around long after 'The Pirate Bay has perished'.......pull the other one. Sites like the pirate bay thought they were above the law simply because they provided links and torrent files, but not the actual copyrighted material....they were still sent to jail. XL is selling copyrighted software at a profit, which is even worse!

 

See you on the front page of the Sheffield Star very soon!

Edited October 20, 2009 by underlay_guru

[1984ReturnsForReal]

What's also funny is that someone else called Tim Shaw is a Sheffield born DJ, and was recently controversially sacked from Sheffield-based radio station Hallam FM.....

......concluding the name on the domain reg is fake.

 

 

I wondered when someone would notice that.

 

Its Adam Bristow.

[mightymouse_69]

What's also funny is that someone else called Tim Shaw is a Sheffield born DJ, and was recently controversially sacked from Sheffield-based radio station Hallam FM.....

......concluding the name on the domain reg is fake.

 

That Tim Shaw now presents a popular show on Absolute FM (formally Virgin Radio). Very funny indeed!

[underlay_guru]

I wondered when someone would notice that.

 

Its Adam Bristow.

 

Surely not!

Edited October 21, 2009 by underlay_guru

[1984ReturnsForReal]

It's not that lad Adam Bristow by chance,

 

Surely not!

 

 

In the words of Hong Kong Phooey

 

 

"It could be"

[geoff1248]

Well this thread has certainly brought out the lynch mob. It seems to have been decided that, after consideration, XL are carrying out an illegal operation. That must be worth a £50,000 fine. They also messed up their domain name registration, so that’s now a £50,000 fine and a years imprisonment. Finally, horrors of horror, they didn’t put a VAT number on their web site so that’s a hanging then. Let’s name names…..

What this thread seems to have achieved is to close their site down for just a couple of days. However, several thousand CAGGERS now know about this company and no doubt a few will use their services. (I don’t see CAGGERS as being any more honest/dishonest as the rest of the public.) XLs new web site has been moved to a new ISP and, because of this and other forums, is now far easier to find on a search engine. So more hits for XL and more business for them. Not quite the result that was required me thinks.

I do not know if XLs actions are legal or not but I have a thought. Let us imagine that there is in fact a small loophole, a minute one but a loophole nevertheless, which does actually mean that XL are perhaps acting within the law. The very last thing that FAST or any software manufacturer would want would be to take XL to court and to loose. Such a decision would have very serious implications on software producers. So they threaten ISPs and corporate lawyers send threatening letters but that’s as far as they can go. FAST and/or Microsoft could crush XL in a moment if they wished. So why haven’t they?

A few final points:

1.thanks to the guy from XL who came on line one night to put his point over.

2. Pirate Bay is a totally different kettle of fish. File sharing of that type is illegal, software copying well……..

[1984ReturnsForReal]

1.thanks to the guy from XL who came on line one night to put his point over.

 

 

Which night was that?

 

I ask because if you have been following events you will have seen XL admitted they have broke the law in at least 3 ways.

 

& which person was it? Adam, Tim or Peter?

 

Were they based at one of the 2 locations in Sheffield when they posted or the London HQin Harley Street?

Edited October 21, 2009 by 1984ReturnsForReal

[cerberusalert]

What is Software Piracy ?

 

Software piracy is the unauthorised copying or distribution of copyrighted software. This can be done by copying, downloading, sharing, selling, or installing multiple copies onto personal or work computers. What a lot of people don't realise or don't think about is that when you purchase software, you are actually purchasing a license to use it, not the actual software. It is that license that tells you how many times you can install the software, so it's important to read it. If you make more copies of the software than the license permits, you are pirating.

Business Software Alliance

[geoff1248]

I repeat

"FAST and/or Microsoft could crush XL in a moment if they wished. So why haven’t they?"

Any suggestions?

[1984ReturnsForReal]

I repeat

"FAST and/or Microsoft could crush XL in a moment if they wished. So why haven’t they?"

Any suggestions?

 

 

Possibly a Police investigation?

 

Just a thought...

 

I am now shutting my mouth as not to hinder it.

[IPman]

I repeat

"FAST and/or Microsoft could crush XL in a moment if they wished. So why haven’t they?"

Any suggestions?

 

Because court action costs them money. So they'll look at cheaper ways of solving the problem first. Such as approaching ISPs to have the site shut down. Or having their solicitors make threatening telephone calls (it appears Tom-Tom did this and were successful).

 

In fact, the High Court nowadays has what are called "pre-action protocols", which say that claimants are supposed to try to settle the matter in other ways before they take court action. Litigation should always be the last resort.

[electron99]

I repeat

"FAST and/or Microsoft could crush XL in a moment if they wished. So why haven’t they?"

Any suggestions?

 

 

Because they need to gather evidence, including test purchases. They then have to have their lawyers examine the evidence and put together a case for legal action. In very large corporations such as Microsoft, this takes time.

 

You just cannot shut down a company because you think they may be breaking copyright laws. You have to prove it, and that takes time.

[heliosfa]

PRS have taken an interest in XL. To sell, distribute or Play music to the public, a PRS license is required. As XL are selling music (legally or not) they require a distributers license. For their online Music TV station, they also require a Broadcaster license.

 

And we all know how gung hoe PRS can be (Think TV licensing people)

 

H

[cerberusalert]

And we all know how gung hoe PRS can be (Think TV licensing people)

They'll also backdate the licence fees.

[heliosfa]

They'll also backdate the licence fees.

 

hmm, 3 years of PRS fees + all future fees, should dent their pockets a bit

 

H

[cerberusalert]

I knew a publican who got done by the PRS, he had a jukebox, radio, television + Sky & live music which in the 10 or so years he'd been in business he'd never been licensed for. His bill came to tens of thousands of pounds.

[heliosfa]

OK, Consumer Direct/Trading Standards have also taken an interest:

Thank you for your enquiry to Consumer Direct dated 16th October. Your reference number for this case is SE XXXXXXX and should be quoted in all further correspondence regarding this case.

With reference to your enquiry, a company who is using their website to take payments should display a geographical address to consumers. As a result, I have passed the details of your complaint to the appropriate Trading Standards Authority for their information. Whilst they may not contact you directly, they will take any action they feel is appropriate.

 

I would also suggest you report the potential data protection breach to the Information Commissioners Office. They look into breaches of the Data Protection Act. Their website is www.ico.gov.uk.

I trust the above information is of some assistance to you. If you require any further information or clarification on this case please do not hesitate to contact Consumer Direct quoting your above reference number on Tel No: 08454 04 05 06 our offices are opened Monday to Friday 8am - 6.30pm and Saturday 9am - 1pm. If this is not convenient please feel free to contact me at the email address below.

 

Thank you for your enquiry.

 

Yours sincerely,

 

Alan Dix

Consumer Direct South East

 

 

H

[Joggler]

Re PRS. Licence, I don't know if any of you have been approached by another company PPL asking for money for playing music. We have never been approached by these people directly so I assume that PRS have passed on our details. We currently have a licence for playing local radio, we are a very small beauty salon and only have one work station, but we just received an invoice from PPL for £130.00 to cover 2 years fee. I have duly sent the invoice back after speaking to Trading standards.

 

We only play local radio and we assumed that the PRS would cover this, comments appreciated !!!!!!!!!.

[Conniff]

This is a big con. A musician or record label has to join PPL, if they have not joined then they get nothing, so if we say Sony is a member and none of Sony records are played, where then does the money go.

 

This company is only representing the members who have asked to join, so they can't put a blanket over all and every piece of music that is played.

 

I can't see how any action can be taken by them unless they have sat in your shop, factory or office and noted station, time and content. They would also have to make you aware of the members they represent and that would give you a chance to mute the radio if any of those records were played.

 

I would say they are just working their way through Yellow Pages and live on those who respond with a cheque.

 

All the above goes for PRS as well.