Harveymckibbin's Blog

April 22, 2010

Is File-Sharing Like Shoplifting?

Filed under: 1 — harveymckibbin @ 4:05 pm

Is File-Sharing Like shoplifting?

 

Security has always been a problem!

 

Hadrian’s Wall was built in AD 122 by order of Emperor Hadrian to “separate Romans from Barbarians” in the interests of security.

 

In modern times, retail empires like Tesco or Marks and Spencer have security guards and electronic sensors at work to provide the same physical barrier to the unwanted “liberation” of items from their stores.

 

But what happens when the items are stored in the ether of the internet? Can you really prevent the “hordes at their keyboards” from ghosting into the shadowy corners of the virtual realm? Is it really feasible to devise a system that makes sure that “five finger discount” is impossible to apply online?

 

Well the Government certainly thinks they have the answer, and a new piece of legislation aims to separate out the “Barbarian Hordes” who indulge in file-sharing!

 

On the 8th April 2010 the controversial Digital Economy Bill was passed at the third reading in the House of Commons.

 

Its aim is to tackle and thwart copyright infringements and the bill is seen as a tool “with teeth” in the “war against piracy”.

 

For years record labels and film studios have been complaining that they are suffering huge losses due to the rise in illegal file sharing.

 

“After all,” they say, “why pay for something when you can get it free?”

 

Whether you’re looking for your favourite blockbuster movie or your favourite album, you can now use a multitude of so-called “shareware” websites which offer exactly that enticing prospect. With super-fast broadband you can now download films and albums, legally or illegally, in less than the time it would take you to make a cup of tea!

 

So what’s the solution for the copyright holder?

 

The legislation tries to shift the onus onto computer users and businesses to build a “Hadrian’s Wall” around their networks and hard drives to fortify security. Otherwise they risk prosecution and suspension of their internet connection.

 

The impact could be dramatic. Imagine, for instance, how any modern day business would struggle to cope without the internet. If you’ve ever even experienced a power cut when at work you’ll know that without the internet most businesses are simply paralysed.

 

A pertinent question here might be “Is it fair if a company goes to the wall and people are made redundant because somebody in the business has downloaded Now That’s What I Call Music 365?”

 

Under the bill Internet Service Providers have also been tasked to reduce online copyright infringements. Given the popularity of the World Wide Web this is no simple task.

 

For example, a moderately successful musician who earns an annual online income of, say, £14,000 would highly appreciate this bill as piracy could cause him substantial losses. Others would counter that it is a pile-driver to crack a nut…

 

A report by the BBC on the 17th March claimed the growth of illegal file-sharing could cost European countries 1.2 million jobs and £215bn by the year 2015. The UK alone could lose 250,000 jobs by 2015, it is said. With figures like these being bandied about it’s not hard to see why extra measures were drafted up to curb piracy.

 

Although in the final stages of amendments the Digital Economy Bill promises to please copyright holders once gave the Royal Assent.  It gives any copyright holder the ability to fight back against those offenders who illegally download material.

 

Essentially they’re saying that illegal file sharing would be the equivalent to walking into your local Tesco’s, picking up a DVD, walking past the cashier whilst smiling, making no attempt to pay, and exiting the store. But they’re proposing to give out much more stringent penalties than a ticking off or a small fine…

 

All of this begs a few “real world” questions, such as “Is stance this really justified?”

 

And perhaps more importantly “When such huge numbers share files on the internet is criminalisation really a practical solution?”

 

Lastly, given the importance of such a Bill and the potential impact, “Is this really the best, most imaginative, solution we could come up with?

 

It might well be said that the situation is a larger scale version of the pleas from record companies in the 1980s that “Home Taping Is Killing Music!”

 

Plaintively imploring fans not to record from LP records and CDs onto cassette didn’t work then…

 

We’ll have to wait and see what happens this time around!

 

Interesting times…

March 30, 2010

Entrepreneurs!

Filed under: 1 — harveymckibbin @ 4:19 pm
As you know we’re a firm of solicitors in Sutton Coldfield, but we also do work for people all over the country.

I’ve just been doing my “civic duty” posting free advice on UK Business Forum for the benefit of business men and women far and wide. I know… shucks… I’m too good!

Anyway, there are several recurring questions there and I guess if they’re recurring then a few of you might have similar queries – so I thought I’d pop a few of the replies on here for your delight…

This was in answer to a query about what to expect as a entrepreneur: 

“[Quoting Mattthewineman 'I perhaps do not class myself as an Entrepreneur but I have just remortgaged my house, taken out a substantial loan, have a wonderful (young) family that I want securiitiy and happiness for and with, but I will be setting up my own business from scratch. My brain is bigger than my b***s and I hope that is the right way around !?! I have had absolutely no assistance from local authourities/central goverment/business link etc in terms of financial backing but that makes me all the more determined to succeed. I am out there, working hard, today.........']

Matthew

It does take balls to do what you’ve done – so hats off to you and to all the entrepreneurs on here. (I believe I am one of you too, for my sins, brothers and sisters!)

It’s kind of more of a compulsion – as you say Matthew, kinda leading from the heart and not always the head. 

I’ve done a number of things that have had great potential and not worked out for one reason or another – and I have to say I’m glad for the experience and I don’t regret a thing. Go with your passion, I say!

One small word of advice that i just read today that certainly chimes with me – from Ricahrd Branson’s book “Business Stripped Bare” – is that entrepreneurs are often seized with the zeal to create and overlook (or aren’t suited to) the rigours of actually managing the idea/start up business.

I’d really second that thought and say that you should try to play to your strengths – and try to delegate your weaker points to the best person you can afford who is good at what they do.

Anyway – good luck to you all!

Incidentally, someone mentioned finance – and if you’re in the Midlands there is a lot of Govt money about. I know a chap if you’d like the details.”

If you’re starting up in business we can help you get it right from Day One – so visit the website at Harvey McKibbin Solicitors in Sutton Coldfield or call us 0121 240 9115 right now…

Partnership or Ltd Company?

Filed under: 1 — harveymckibbin @ 3:52 pm
As you know we’re a firm of solicitors in Sutton Coldfield, but we also do work for people all over the country.

I’ve just been doing my “civic duty” posting free advice on UK Business Forum for the benefit of business men and women far and wide. I know… shucks… I’m too good!

Anyway, there are several recurring questions there and I guess if they’re recurring then a few of you might have similar queries – so I thought I’d pop a few of the replies on here for your delight…

This was in answer to a query about whether or not to start a Partnership:

“As a broad “rule of thumb” a Partnership is the “easier” thing to do – and also potentially the cheaper option if you’re worried about your accountant’s fees.

As somebody else has said your accountant (provided you trust them) is probably best placed to give you the advice you need based on intimate knowledge of your business and circumstances.

However, to reiterate another point, if you do decide to go the Partnership route please, please do yourself a favour a get a Partnership Agreement.

You can download templates online if you search Google (although of course they won’t come with expert advice) if cost is an issue.

We’ve seen, time and time again, clients coming to us in great distress when a disagreement has arisen or circumstances have changed in a business and due to there being nothing in writing to govern the outcome the result is a quagmire of bitter (and expensive and draining) recriminations.

Think of it the way you do about car insurance. You ultimately hope it will be a “waste of money” because you hope you never have to claim because you never want to be involved in a crash. However, it there IS an issue then you’re damn glad you have the protection (or truly sorry if you don’t)!”

Naturally, if you need more advice then visit Harvey McKibbin Solicitors in Sutton Coldfield or call 0121 240 9115 now…

Why Should You Use Solicitors In Sutton Coldfield?

Filed under: 1 — harveymckibbin @ 2:09 am
Put simply do you want the best service, with a guarantee of satisfaction?

You do?

Well look here and see for yourself why you should choose these solicitors in Sutton Coldfield when you need a good lawyer…

and then call Harvey McKibbin on 0121 240 9115 Now

March 29, 2010

Discover How You Can Legally Avoid Paying Stamp Duty!

Filed under: 1 — harveymckibbin @ 5:07 pm

Discover How To Avoid Stamp Duty says Solicitor in Sutton Coldfield

 

Solicitors in Sutton Coldfield have begun a very clever a revolutionary new scheme to exploit loopholes in legislation which means they can assist their wealthy clients who want to buy property worth over £500,000 to completely mitigate Stamp Duty on their purchase!

The scheme is 100% legal and has produced average savings of tens of thousands of pounds for clients. It also has a 100% success rate to date.

Naturally, the solicitors in Sutton Coldfield are a little reticent to talk in detail about this scheme as the method is a closely guarded trade secret.

However they said that it involves the use of “legislation intended for specific purposes – but in particular provisions relating to the process for Islamic loans”. The scheme can be applied to any purchase of property so long as it is of sufficiently high value.

There is no downside to the scheme as purchasers save much more than the fees charged to set up the transaction.

For example, a buyer who will have to pay 5% following the latest budget on the purchase of a £1 million house must pay £50,000 Stamp Duty.

On this purchase, using the Zero Rate Stamp Duty Scheme the purchaser pays only £20,000 (plus Vat), giving them a massive saving of nearly £30,000! This includes all conveyancing fees and all related other charges, and the higher the value of the property the more a purchaser can save.

I think most people would agree that this money is better off in their own pocket than going straight to the tax man!

If you are buying an expensive property (or you know somebody who is) you probably owe it to yourself or your friend to check this out. You can visit Harvey McKibbin or try the Law Society website if you want to see if you can find another firm that knows how to do this.

Alternatively you can also call Harvey McKibbin 24 hours per day to get more advice so if this seems like the scheme for you simply call 0121 240 9115 Now…

March 18, 2010

“Is This Cyber Wars?” asks Solictor in Sutton Coldfield

Filed under: 1 — harveymckibbin @ 10:54 am
Cyber wars: The Chinese Empire Strikes Back

The title is, of course, a play on the George Lucas masterpiece Star Wars but in a shocking twist the Chinese have instigated attacks some say are similar to Darth Vader upon the western democratic countries.

A US report published recently counted 1.2 Billion attacks on various government agencies each month. 1,200,000,000 attacks per month is an astonishing figure and suggests the Chinese state have torn up the diplomatic handbook and are running amok much to the annoyance of the US and EU.

The legality of such attacks must be brought into question. Surely the Chinese hackers are breaking the laws of each country where the computer system has been hacked. The Chinese hacking GCHQ would commit an offence under the Computer Misuse Act 1990 Sections 1 and 2. It does not matter where that the attacks are coming from Chinese mainland territory; it will constitute an offence under the act.

The US has set up the office of Cyber Security in retaliation to the ever growing attacks. It underlines the seriousness of the attacks but the question ought to be asked “why doesn’t the US and EU confront the Chinese over the attacks.”

The simple answer is that China has the resources to cripple the major economies in the world and the over reliance on Chinese money is all too apparent to government ministers. It is estimated that China has pumped $800 billion US Dollars into the US economy by purchasing Treasury bonds. Should the US provoke China over the cyber attacks, China dumping the bonds would wreak havoc on the US with interest rates spiralling upwards and bond prices spiralling in the opposite direction.

With such a strong stranglehold over the US, it appears that China will succeed where Lord Vader failed and allow the “rebel alliance” to continue hacking into western intelligence agencies. The Chinese appear to hold the upper hand in this long running saga...

If you need advice on intellectual property or computer/internet issues or domain name disputes then a great solcitor in Sutton Coldfield can help you! Call 0121 240 9115 now… or you can check the law society website to other firms that may specialise in this area.

March 10, 2010

“Spying in Formula One Saga” Excites Sutton Coldfield Solicitor

Filed under: 1 — harveymckibbin @ 3:17 pm

Spying in Formula One Saga” Excites Sutton Coldfield Solicitor

 

“Red, Green, and Go!” the immortal phrase uttered by Murray Walker at the start of each F1 race. This Sunday marks the beginning of the 2010 Formula One season and if the past seasons were exciting, all signs point to this season being even more controversial.

 

2007 was the year the lawyers got excited when Ferrari complained to the Federation Internationale de I’Autosport (FIA) about Mclaren Mercedes having confidential Intellectual Property about Ferrari’s 2007 race car in their possession.

 

Having such information in the hands of the competitor angered the Italian Marque and instigated criminal proceedings against the persons involved in the theft of the materials in the UK High Court and Modena Tribunal. Although the case was dropped in the courts, the FIA convened the World Motorsport Council to summon Vodafone Mclaren Mercedes to answer the charge laid against the team.

 

The World Motorsport Council based on the evidence put forward by the Barristers acting for the prancing horse fined Mclaren a record $100 Million US Dollars for the breach of the Article 151c of the International Sporting Code.

 

Now the new 2010 season is upon us and Ferrari and Red Bull Racing have voiced their concerns surrounding the legality of the Mclaren Mercedes 2010 F1 Challenger. The simmering of a new controversy within Formula One will certainly excite lawyers in the prospect of another huge payday emerging on the back of racing’s thirst for success at any costs.

 

If you have a problem that needs a good lawyer then we can certainly recommend some good solicitors in Sutton Coldfield who can help you. (Or you check the Law Society’s website in the find a solicitor section.)

“Spying in Formula One Saga” Excites Sutton Coldfield Solicitor

Filed under: 1 — harveymckibbin @ 2:57 pm

Spying in Formula One Saga” Excites Sutton Coldfield Solicitor

 

“Red, Green, and Go!” the immortal phrase uttered by Murray Walker at the start of each F1 race. This Sunday marks the beginning of the 2010 Formula One season and if the past seasons were exciting, all signs point to this season being even more controversial.

 

2007 was the year the lawyers got excited when Ferrari complained to the Federation Internationale de I’Autosport (FIA) about Mclaren Mercedes having confidential Intellectual Property about Ferrari’s 2007 race car in their possession.

 

Having such information in the hands of the competitor angered the Italian Marque and instigated criminal proceedings against the persons involved in the theft of the materials in the UK High Court and Modena Tribunal. Although the case was dropped in the courts, the FIA convened the World Motorsport Council to summon Vodafone Mclaren Mercedes to answer the charge laid against the team.

 

The World Motorsport Council based on the evidence put forward by the Barristers acting for the prancing horse fined Mclaren a record $100 Million US Dollars for the breach of the Article 151c of the International Sporting Code.

 

Now the new 2010 season is upon us and Ferrari and Red Bull Racing have voiced their concerns surrounding the legality of the Mclaren Mercedes 2010 F1 Challenger. The simmering of a new controversy within Formula One will certainly excite lawyers in the prospect of another huge payday emerging on the back of racing’s thirst for success at any costs.

 

If you have a problem that needs a good lawyer then we can certainly recommend some good solicitors in Sutton Coldfield who can help you. (Or you check the Law Society’s website in the find a solicitor section.)

March 7, 2010

Lawyer in Sutton Coldfield Gets Wood!

Filed under: 1 — harveymckibbin @ 8:13 pm

All is not what it seems when a Solicitor in Sutton Coldfield is accused of getting wood...

My Goodness – what will happen?

Find out more here…

March 5, 2010

Child Labour is The” True Cost of Low Cost”, say Solicitor in Sutton Coldfield

Filed under: 1 — harveymckibbin @ 6:01 pm
Child Labour is The True Cost of “Low Cost”, says Solicitor in Sutton Coldfield

To my horror I recently discovered that child labour is still a widespread problem in India.

Even after the Indian government introduced legislation to stop child labour in 2006 to my amazement in 2010, this is still openly happening.

The ban specifically states that using children under the age of fourteen is illegal for factories, mines and hazardous places in trades such as embroidery, carpet weaving, sewing.

However, from visiting Punjab recently I was shocked to see the number of children working within the Retail industry as water boys, messengers, folding up suits until late hours of the early morning. Basically all the jobs the salesmen were not employed to do, all they need to do is sell , sell , sell and pile up fabrics ready to be folded.

The young children were expected to take orders and produce results in an instance with the fear that if they didn’t they would no longer have a job to support their families.

The issue stems from poverty that the families live in and that when the children come to an understanding age, they are expected to work and become the bread winners of the family.

Children as young as 6 are forced to have to work in poor working conditions.

The government has made the public aware of the consequences of violating the ban which would result in the punishment of imprisonment from a minimum of 3 months to 2 years or a financial punishment of a fine of 10,000 to 20,000 rupees (about £275 max).To a suit shop owner, who prices his fancy frock at £260, he would just see it as 1 suit in his shop of thousands of frocks, sarees, fabrics.

Is this punishment really enough to deter an employer from taking on a young vulnerable helper? As child labour continues it is very apparent that its time the government did more to invest in the education sector and steer children into schools to educate them and give them the choice and opportunity.

This is the “true cost of Low Cost!” I will think twice before I buy a “designer” t-shirt which is £3.99.

Reena Dehal, Paralegal at Harvey McKibbin – Solicitors in Sutton Coldfield

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