107(2A) Copyright, Designs and Patents Act 1988:
“A person who infringes copyright in a work by communicating the work in public
(a) in the course of business, or
(b) otherwise than in the course of business but to such an extent as to affect prejudicially the owner of the copyright commits an offence if he knows or has reason to believe that, by doing so he is infringing copyright in that work”.
What's meant by 'communicating' here then? And wouldn't the second clause---by the same standard---make linking to copyrighted material that is illegally distributed unlawful in any case? What a terribly written law.
Are you a UK lawyer? I'm not. I don't feel like I can productively argue this point with you. What I can say is that the citation of that law and the conclusion that O'Dwyer should be tried for violating it came from a UK judge; I linked to the ruling upthread.
