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Old 09-13-2015, 09:34 AM   #1
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Is Running a Pirate Site Worse Than Stealing £8.5m From a Bank?

What`s peoples thoughts on this?
This is piracy/theft agreed and I understand that this is about making an example of the guy in question but isn`t something fucked-up here?

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This week an Irish man was handed a four-year sentence for running a pirate linking site. The Court accepted that he led no lavish lifestyle. In contrast, a man who stole almost £9m from a bank and bought homes worth £1.4m, three Bentleys, three Aston Martins, a Porsche 911 and a Rolls Royce, was also jailed. He received just 3.5 years. Fair?

This week Paul Mahoney, the former operator of streaming links site FastPassTV and discussion and linking forum BedroomMedia, was sentenced to jail by Judge Philip Babington.

According to figures provided by the prosecution, Mahoney ?could? have cost the movie industry £120m in lost revenue. Ultimately, however, the claims of a film industry out for blood ended up somewhat watered down.

In the cold light of day the court accepted a figure closer to £12m ? quite an ?achievement? for a ?partially blind recluse? who lived in a bedroom in his parents? particularly modest home.

Given the tendency of the prosecution in these cases to blow losses figures wildly out of proportion, it?s perhaps more prudent to look at numbers backed up by evidence.

It doesn?t appear to be in question that Mahoney made £280,000 in advertising revenue from his sites and he was found in possession of £82,390 in cash when he was raided. That?s a decent amount by almost anyone?s standards and was never likely to be looked upon lightly by the court.

So, on the basis that Mahoney made large sums of money illegally it should come as no surprise that having pleaded guilty to substantial fraud he should?ve expected a custodial sentence this week. Such is the current climate in the UK and few people watching the case expected anything different.

But while some might argue that the term should have been limited to a few weeks or a handful of months, on Thursday the court handed Mahoney a four-year sentence, one of the toughest in UK pirate prosecution history.

For someone of Mahoney?s standing that term seems overly cruel and it appears that Mahoney?s lawyers feel so too. On Thursday they announced that the 29-year-old will be mounting an appeal, presumably to ensure that any punishment received fits the crime.

As we wait for the legal basis of that appeal to be made public, readers might be interested to hear of another fraud case that was concluded this week.

It involved businessman Nicholas Marcou from London, who used his legitimate businesses and contracts with supermarkets such as Aldi, Lidl, Sainsbury?s and Asda to fraudulently obtain millions from Barclays Bank.

According to figures provided by City of London Police, actual losses to Barclays Bank (versus the hypothetical losses conjured up in the Mahoney case) were £8,576,811.

Unlike Mahoney, who appears to have spent most of his adult life in a bedroom at his parents? house, Marcou enjoyed ?his? money. According to a local news report he bought two homes worth more than £1.4m and £650,000 worth of cars including three Bentleys, three Aston Martins, a Porsche 911, and a Rolls Royce Silver Spirit.

While Marcou appears to have been driven by greed, Mahoney appears to have given much of his money away. According to a court report he ?did not exhibit any of the features of a lavish lifestyle and his spending was concerned only to paying employees, running the site and accessing adult websites.?

It?s also worth bearing in mind that even if we take the previously mentioned £12m figure as accurate, those presumed losses were racked up by users of Mahoney?s site, not Mahoney himself. Site users were the ones who turned up and clicked ?play? and didn?t pay for whatever it was they watched. Although he clearly played a part, Mahoney didn?t take that money from the studio?s pockets, the public did. Marcou alone took the money from the bank.

Finger pointing aside, Mahoney ended up with a four-year sentence. For the record, Marcou the bank defrauder received just 3.5 years.

While anti-piracy groups such as FACT, who investigated the case, view Mahoney?s actions as extremely serious, something feels fundamentally wrong here.

Make no mistake, Mahoney should receive some punishment, if only because he knowingly and deliberately broke laws he knew could get him into serious trouble.

But should this man living on the fringes of society be given a more punishing sentence than a man who systematically stole £8.5m in cash from a bank in order to fund a dream lifestyle?

Perhaps in due course Mahoney?s defense team will raise the same questions. Until then he remains behind bars.
Story here.
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Old 09-13-2015, 09:38 AM   #2
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Whaaaa whaaaa whaaaa
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Old 09-13-2015, 12:22 PM   #3
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The Law works in mysterious ways.
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Old 09-13-2015, 01:26 PM   #4
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Both are criminal thieves. Fuck em.
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Old 09-13-2015, 01:33 PM   #5
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Irish logic doesn't go unnoticed.

If according to the piece, Mahoney did give most of his money away, then he could have led exactly the same lifestyle he had prior to running the website by not running it at all.
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Old 09-13-2015, 02:03 PM   #6
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What's the point in saying one is worse than the other?

They're both fuckin' thieves. The difference of six months in their sentences...is negligible. Who cares?
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Old 09-13-2015, 06:07 PM   #7
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Originally Posted by L-Pink View Post
Both are criminal thieves. Fuck em.
Both need to be stripped of ill-gotten gains and both thrown into the Zimbabwe section of whatever prison they get dropped in to.
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Old 09-13-2015, 06:58 PM   #8
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I think the sentencing reflects the ongoing nature of the crime, the fact that the defendant had been warned via copyright takedown notices and cease and desist notices yet continued the offending.

Be mindful of the source of the story, it's TorrentFreak. They aren't going to praise any administration of justice in the copyright arena.
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Old 09-13-2015, 07:05 PM   #9
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While Marcou appears to have been driven by greed, Mahoney appears to have given much of his money away. According to a court report he “did not exhibit any of the features of a lavish lifestyle and his spending was concerned only to paying employees, running the site and
accessing adult websites.”
Now, right there is the problem. No wonder they gave him a longer sentence. Should have given him life.



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Old 09-13-2015, 07:12 PM   #10
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Rich stealing from the rich = slap on the wrist and a tongue lashing.
Poor stealing from the rich = oh hell no!

Another thing is the guy with a lot of money can afford a $1M legal defense attorney team whereas the pirate and his "no lavish" lifestyle probably had to go with public defender that barely passed the bar.
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Old 09-13-2015, 07:14 PM   #11
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Law is not, and never will be fair. The law is all about perception.
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Old 09-13-2015, 07:32 PM   #12
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I cannot help but remember my buddy Donovan (RIP) who used to whine that I did better using the system than he did being used by the system.

I am sure one had better representation than the other; money is the great equalizer.
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Old 09-13-2015, 09:55 PM   #13
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i have more respect for the bank defrauder ...
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Old 09-14-2015, 01:40 AM   #14
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Originally Posted by AdultKing View Post
I think the sentencing reflects the ongoing nature of the crime, the fact that the defendant had been warned via copyright takedown notices and cease and desist notices yet continued the offending.

Be mindful of the source of the story, it's TorrentFreak. They aren't going to praise any administration of justice in the copyright arena.
I think you`ve covered it...constant notifications/warnings and failure to act on these has meant a particularly heavy punishment.
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