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gabrieleeisenhower
Sep 02, 2021
In Technology and gaming
Does anyone play Grand Theft Auto V? What are your thoughts on the game?
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gabrieleeisenhower
Sep 02, 2021
In Beno exposure
@NCHLT Skyscrapersim I've noticed you had false copyright claims made by Beno. You should know under UK law there's exceptions to copyright for Criticism, review, reporting current events, Parody, caricature and pastiche. Texts from the UK Government website: Criticism, review and reporting current events Fair dealing for criticism, review or quotation is allowed for any type of copyright work. Fair dealing with a work for the purpose of reporting current events is allowed for any type of copyright work other than a photograph. In each of these cases, a sufficient acknowledgement will be required. As stated, a photograph cannot be reproduced for the purpose of reporting current events. The intention of the law is to prevent newspapers or magazines reproducing photographs for reporting current events which have appeared in competitor’s publications. Parody, caricature and pastiche There is an exception to copyright that permits people to use limited amounts of copyright material without the owner’s permission for the purpose of parody, caricature or pastiche. For example a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork. It is important to understand, however, that this exception only permits use for the purposes of caricature, parody, or pastiche to the extent that it is fair dealing. Fair dealing Certain exceptions only apply if the use of the work is a ‘fair dealing’. For example, the exceptions relating to research and private study, criticism or review, or news reporting. ‘Fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. The question to be asked is: how would a fair-minded and honest person have dealt with the work? Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include: does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually only part of a work may be used The relative importance of any one factor will vary according to the case in hand and the type of dealing in question. https://www.gov.uk/guidance/exceptions-to-copyright I do mention there's a General Data Protection Regulation (GDPR) exemption on journalism which includes reporting events. Text from the Information Commissioner's Office website: Journalism, academia, art and literature This exemption can apply if you process personal data for: journalistic purposes; academic purposes; artistic purposes; or literary purposes. Together, these are known as the ‘special purposes’. The exemption relieves you from your obligations regarding the UK GDPR’s provisions on: all the principles, except the security and accountability principles; the lawful bases; the conditions for consent; children’s consent; the conditions for processing special categories of personal data and data about criminal convictions and offences; processing not requiring identification; the right to be informed; all the other individual rights, except rights related to automated individual decision-making including profiling; the communication of personal data breaches to individuals; consultation with the ICO for high risk processing; international transfers of personal data; and cooperation and consistency between supervisory authorities. https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/
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gabrieleeisenhower
Sep 01, 2021
In Beno exposure
Protection from Harassment Act 1997 The PHA includes the following provisions: Harassment (section 2): a summary only offence, carrying a maximum of six months' imprisonment and/or a level 5 fine; Stalking (section 2A): a summary only offence, carrying a maximum of six months' imprisonment and /or a level 5 fine; Fear of violence (section 4): an either way offence, carrying a maximum of ten years' imprisonment and/or a fine on indictment; Stalking - involving fear of violence or serious alarm or distress (section 4A): an either way offence, carrying a maximum of ten years' imprisonment and/or a fine on indictment; https://www.cps.gov.uk/legal-guidance/stalking-and-harassment Part A: Offences – Communications Offences Where social media is not being used to commit another substantive offence, prosecutors may turn to consider the communications offences available. Selection of Charges The first question for prosecutors to consider is identifying the appropriate offence. Section 1 is an either-way offence. Upon conviction on indictment a defendant may face a maximum sentence of 2 years’ imprisonment and/or an unlimited fine. Section 127 is a summary only offence, but with a statutory provision as to time limit (see below). https://www.cps.gov.uk/legal-guidance/social-media-guidelines-prosecuting-cases-involving-communications-sent-social-media Computer Misuse Act Section 3: Unauthorised Acts with intent to impair, or with recklessness as to impairing the operation of a computer The maximum sentence on indictment is 10 years' imprisonment. https://www.cps.gov.uk/legal-guidance/computer-misuse-act Cruelty to a child – assault and ill treatment, abandonment, neglect, and failure to protect Triable either way Maximum: 10 years’ custody Offence range: Community order – 8 years’ custody https://www.sentencingcouncil.org.uk/offences/crown-court/item/cruelty-to-a-child-assault-and-ill-treatment-abandonment-neglect-and-failure-to-protect/ Forgery and Counterfeiting Sentence Offences under sections 1 - 4 and section 5(1) and 5(3) Forgery and Counterfeiting Act 1981 are either way maximum 10 years' imprisonment or fine or both. https://www.cps.gov.uk/legal-guidance/forgery-and-counterfeiting Child trafficking /exploitation / slavery and forced labour Child trafficking is the practice of transporting children into, within and out of the UK or any other country for the purposes of exploitation. The exploitation can be varied and include: domestic servitude; labour exploitation; criminal activity (e.g. cannabis cultivation, petty street crime, illegal street trade, etc.); sexual exploitation (brothels, closed community, for child abuse images); application of residence; benefit fraud; forced begging; illegal adoption; and sham marriage. Where there is an arrangement made to travel, or to facilitate travel with a view to child exploitation, section 2 of the Modern Slavery Act 2015 should be used. In these circumstances, regard should be had to the victim's age in determining their vulnerability. https://www.cps.gov.uk/legal-guidance/human-trafficking-smuggling-and-slavery
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