[Gllug] Uh oh, ministers consider "anti file-sharing laws"

Jason Clifford jason at ukfsn.org
Thu Oct 25 17:42:43 UTC 2007


On Thu, 2007-10-25 at 17:53 +0100, amd_uk wrote:
> As to owning the physical media. You may well, but you can't legally 
> give that media to someone else if it has copyrighted material on it. 

Yes I can. In respect of books, CDs, videos, etc the law is clear that
the right of ownership on the single copy can be transferred. What I
cannot lawfully do is to make a copy of the media or the copyright
protected materials on it - and that is the same whether I keep it or
pass it on to another.

> If I own something, then surely I have the right to transfer that ownership 
> fully to someone else. There are many instances where I cannot freely 
> transfer ownership even though society would deem that I own it.
> If you've paid off the mortgage of your house/flat and try to give it, 
> for free, to one of your off-spring, the tax-man will have plenty to say 
> about it as you'll probably be deemed to be avoiding tax. So, do you 
> fully own your own home even once the mortgage is paid ?

You have fundamentally misunderstood the law on both areas.

Firstly there is no law in this country that prevents you transferring
ownership of an asset to others if you have clear title to it -
including media containing copyright protected materials and houses.

The tax man may claim that you are seeking to avoid paying that and you
can tell him that he's right and also tell him to f*** off - it doesn't
matter that he's right as there is no lawful basis upon which you are
required to pay tax unless you die within 7 years of the transfer of
ownership (in which case inheritance tax rules are applicable).

Jason

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