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Piracy and offensive communications

The ease of software piracy
It is very easy to copy software, download music, download videos and access illegal material such as pornography from the Internet. Regardless of the latest safeguards in place, the nature of the Internet is such that the way around any copying problem can be found quickly. The real question for the individual is, 'Should I, just because I can'? Copying software from someone is theft. Downloading music and videos from the Internet is also theft unless, for example, it is freeware. Accessing pornography may well be possible but it may also be illegal. An individual has quite a few moral and ethical questions to ask themselves before they walk along a particular path. They need to ask themselves what sort of person they are and how they want others to see them.

piratePiracy
Piracy is the unauthorised copying of software. When you buy software, what you are usually buying is a licence to use the software, not the actual software itself. You can install the software on one computer, sometimes more than one, and use it on any one computer at a time. You are usually allowed to make a back-up of it. You are not, however, allowed to make a copy and give it to friends, sell copies of it or put it on more computers than the licence says you can. Although it is difficult for software companies to stop piracy, many still try. They do this, for example, by forcing users to register their purchase and confirming their ID with a credit card, by installing a registration code after registration has been confirmed, by making users use a dongle (a piece of hardware that fits into a computer's USB port) and by being more active in taking people who are caught copying software to court and publicising this fact.

Offensive communications
The Internet and phone communications have provided opportunities for those people who want to harass others in some way. This can include sending malicious emails or texts, following them around on the Internet via their social websites and posting hurtful messages (called 'cyber-stalking'), posting hurtful messages to people they know, pretending to be someone they are not and posting hurtful messages and posting intimate pictures of someone, perhaps from when they were in a relationship.

Whilst at school, students are often picked up sending horrible messages to other students because tracking software has picked up a problem or because someone has reported abuse. When this happens, it is in all but the most serious cases usually dealt with by the school. However, sending hurtful messages to other people is a criminal offence and there is nothing stopping anyone reporting an incident to the police. There are many cases now, where people have maliciously contacted someone, sometimes thinking that they were anonymous because they were on the Internet, and paid the price with a criminal record, not to mention ending up looking incredibly silly and a bit like a bully. Some people have been convicted because of a wilful intent to cause distress whilst others, because they posted something very bad about someone without thinking about the consequences, often using a social media website. Never post anything about anyone without taking a deep breath first, thinking about what you are saying, thinking about how the other person might interpret your message and what the consequences might be. If you must post something about someone, it's always a good idea to wait one hour and then see if you still feel the same way before posting but "if you can't say anything nice, don't say anything at all."

judgeLegislation
Section 1 of the Malicious Communications Act 1998 says it is an offence to send an indecent, offensive or threatening letter, electronic communication or other article to another person. Section 85 of the Communications Act 2003 and Section 85 of the Postal Services Act 2000 detail similar specific offences related to sending postal or telephone messages which are indecent, offensive or threatening. Both offences are punishable with up to six months imprisonment and/or a fine. Because the Malicious Communications Offence covers more areas than the Telecommunications offence it is more likely to be used by the Police than the Postal Services or Communications Act offences.

In most cases involving malicious communications, there will be multiple offensive or threatening letters or telephone calls and therefore the police will usually charge the offender with an offence under Section 2 of the Protection from Harassment Act 1997. One reason is that when someone is convicted of an offence under the Protection from Harassment Act, the court can make a Restraining Order to stop them from contacting their victim again. Breach of a Restraining Order is punishable with up to Five years imprisonment. A Restraining Order can't be made for a conviction under the Postal Services or Communications Act offences.

If the messages e-mails or phone calls suggest violence might be used against the victim, the police can charge the accused under Section 4 of the Protection from Harassment Act 1997. This can lead to Five years imprisonment and a Restraining Order can be imposed. 

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