XL Trading - Selling copied software

[XLTrading]

Just seems to be the same old argument which is going nowhere really.
FAST have agreed with 'us' in relation to this - which then filters back to the rest ie: Microsoft etc.

'When' we are convicted
This just makes me laugh out loud .. just because for the simple reason, that you DO NOT know the first thing in relation to someone reporting you for piracy.. you merely expect a huge raid + the police at the door... WRONG.

What happens is:
1. The companies effected attempt to contact the alleged 'infringers' of the law
2. Companies try seek a positive solution ie: asking for the item to be taken down like TomTom has with us
3. If this cannot be reached, then it is legal action against the person

It takes A BLOODY long time without negotiations for anyone to be raiding at all - and even then, they only do this when it is suspected that A LOT of piracy is going on ie: chinese warehouses where they make £££ per day.

However, again, not the case with us.
We are in direct contact with FAST explaining what is going off, we have spoken to TomTom's solicitors and the outcome was very positive.

Nothing more to report people

If FAST will not do anything, what makes you think anyone else will??
And they are the major player with FACT that supposedly 'stop' piracy.

Make of that what you will.
Even BankFodder mentioned that last night I believe.

 

[XLTrading]

Hm, if I was you I'd be getting a good solicitor. I'm sure the courts would love to see what reasonable steps you took to ensure that someone had a legitimate copy to begin with. Them simple ticking a disclaimer box won't cover you at all.

Incidentally, if you already have company legal representation I would change it, as they obviously aren't experts in copyright law.

Really, and you are there to tell us all how it is then I suppose?
You must surely be a legal expert and can enbrighten the whole forum with this mystical knowledge you must have?

Really

No offence... FAST has looked into it and gone -nope- ...
The reason we are still NOT SUED, in prison, fully shut down etc.. is because Microsoft and the ilk KNOW full well, they could not sue us for what we do purely on the reason of the ELSPA recommendation and comments that in regards to the copyright law (whatever date by the way) that state

* If a person owns the media, they own the licence.. hence it is ILLEGAL for them NOT to be able to make a backup copy.

Look it up.

If they cannot do this themselves, they can seek help in doing so ie: us or someone else as long as it is for the purpose they state it is.

It is not in any copyright acts that we CANNOT do this.
Look it up

 

[Walkable]

Just seems to be the same old argument which is going nowhere really.
FAST have agreed with 'us' in relation to this - which then filters back to the rest ie: Microsoft etc.

'When' we are convicted
This just makes me laugh out loud .. just because for the simple reason, that you DO NOT know the first thing in relation to someone reporting you for piracy.. you merely expect a huge raid + the police at the door... WRONG.

What happens is:
1. The companies effected attempt to contact the alleged 'infringers' of the law
2. Companies try seek a positive solution ie: asking for the item to be taken down like TomTom has with us
3. If this cannot be reached, then it is legal action against the person

It takes A BLOODY long time without negotiations for anyone to be raiding at all - and even then, they only do this when it is suspected that A LOT of piracy is going on ie: chinese warehouses where they make £££ per day.

However, again, not the case with us.
We are in direct contact with FAST explaining what is going off, we have spoken to TomTom's solicitors and the outcome was very positive.

Nothing more to report people

If FAST will not do anything, what makes you think anyone else will??
And they are the major player with FACT that supposedly 'stop' piracy.

Make of that what you will.
Even BankFodder mentioned that last night I believe.

I'm sure they'll all find that quote from you very interesting.

 

[Chutzpah]

Really, and you are there to tell us all how it is then I suppose?
You must surely be a legal expert and can enbrighten the whole forum with this mystical knowledge you must have?

Really

You should really check the qualifications of the person you are attempting to insult.

Besides, FAST are only an industry body and their opinion wouldn't actually fully protect you in court. You seem to think that they have the same standing as the European Court of Justice.

Either way, I would love to see the letter you have from FAST that says that you are completely operating above board.

The only way you could arguably do this is if they produced proof that they owned the software. What proof (other than your disclaimer) do you receive?

 

[Meagain]

Not entirely accurate.

Not all businesses have a VAT number.

XLTrading has already stated that their prices include VAT. It is a criminal offence not to give this number as I was assured by HMRC when I spoke to them on Thursday.

 

[Chutzpah]

XLTrading has already stated that their prices include VAT. It is a criminal offence not to give this number as I was assured by HMRC when I spoke to them on Thursday.

We've already covered that - my main concern was just ensuring that people weren't misled into thinking that ALL online businesses should display a VAT number.

 

[Chutzpah]

Incidentally, if you're the XL Trading that is registered at companies house, I'd be interested to know more.

Trading from 159 Whitfield Street in London?

If so, you're a herb shop and a computer services company? Interesting. Registered as trading in "other human health activities".

Incidentally, the google cache of your site has you using the copyright symbol. Have you actually registered this with the UKCS? It would be kind of ironic if you haven't...

 

[Meagain]

We'll get onto the Tomtom updates later and why such a large company as yours requires customers to not only send their satnav to you to have the 'maps updated' but why you also require their charger as well. Very strange state of affairs eh?

But for now your site claims to have the biggest collection of DVDs and video media in the world.

Are you saying that the 40,000 DVDs and Cds that you claim to have are all originals? How do you manage it from a company whose assets have been conservatively put at $1100 and advertising revenue at $3 per day? (I think it was a bit less today when I looked)

One other small matter. A close examination show that the address you are using for this 'business' is a local authority (council) house. Does the landlord know about your business being run from it and are you paying business rates as required by law? It's Sunday so I obviously can't check today. I'll look at it tomorrow.

 

[Meagain]

Incidentally, if you're the XL Trading that is registered at companies house, I'd be interested to know more.

Trading from 159 Whitfield Street in London?
.

Isn't it a criminal offence to use the registered name of another company without permission?

 

[Meagain]

We've already covered that - my main concern was just ensuring that people weren't misled into thinking that ALL online businesses should display a VAT number.

Yes I was clarifying the fact that not all online business' are VAT registered but XLTrading had already stated elsewhere that they were charging VAT so as such they would be obliged to do so.

 

[Chutzpah]

In which case we're going around in circles!

 

[Walkable]

One other small matter. A close examination show that the address you are using for this 'business' is a local authority (council) house. Does the landlord know about your business being run from it and are you paying business rates as required by law? It's Sunday so I obviously can't check today. I'll look at it tomorrow.

Oh please do. I think we'd all be interested to know more.

 

[1984ReturnsForReal]

Oh please do. I think we'd all be interested to know more.

You dont have to pay business rates working from home.

In fact some of the income is tax deductable.

 

[Walkable]

You dont have to pay business rates working from home.

In fact some of the income is tax deductable.

Yes but many tenancy agreements state you can not run a business from home.

 

[1984ReturnsForReal]

Yes but many tenancy agreements state you can not run a business from home.

Thats a human rights issue.






On the other hand........


If it was an ILLEGAL business it would have no problem being enforced...




So far we have possible:

Business Act
Copyright Act
Tenancy Agreement
VAT Law



Oooooooooops...

I wonder if they are registered as self-employed/employed yet?

After 3 years trading & 700 extra clients last week you would hope so...

 

[Meagain]

You dont have to pay business rates working from home.

True but it's worth enquiring.

Of course you can't run ILLEGAL activities from any council home. That is always stated in the tenancy agreement.

Then again there is always the DSS to consider just to make sure the paperwork is all in order.

 

[Joy2theworld]

Oh isnt that a shame you got your two web sites closed, oh dee dums

Perhaps if you hadn't threatened people you wouldn't be in this situation you are now in.

But never mind your pirating days will soon be over

 

[Meagain]

Yes personally I don't consider myself any better or worse than the next person but this XLTrading seems to take delight in confronting and upsetting others. Hardly a recipe for a successful business is it?

 

[Fekker]

<SNIP>

But for now your site claims to have the biggest collection of DVDs and video media in the world.

Are you saying that the 40,000 DVDs and Cds that you claim to have are all originals? How do you manage it from a company whose assets have been conservatively put at $1100 and advertising revenue at $3 per day? (I think it was a bit less today when I looked)<SNIP

He quotes on the website

As you are aware there are literally thousands, millions even of CD albums out there so we cannot possibly list every single album out there.

So... if anyone is interested in a CD album, we can search on the internet to find the album you require and get hold of it that way for you.

Simple, no fuss and another great service from XL.

We offer the following:

Single Albums at £2.50 each - Double Albums at 3.50 each
Also we offer, 5 single albums for £10

So I don't think they would bother buying the DVD movies either.

 

[Meagain]

Rammsteins new cd "Liebe Ist Für Alle Da" is out this week. Amazon want £13.98 for it. How do I pay you my £2.50 (Inc post) for your '100% legal' copy XLTrading ?