Feeds

Cinema iPhone pirate escapes jail in test case appeal

'Looks bad for us, but it's not', say pirate-botherers

Protecting users from Firesheep and other Sidejacking attacks with SSL

A Harrow man who was thrown in jail for six months for fraudulently filming Hollywood films at a Vue cinema saw his sentence successfully quashed on appeal to a 12-month community order.

Emmanuel Nimley, 22, of Lincoln Road in Harrow, North West London, had his case heard at the Criminal Court of Appeal on Wednesday (20 October).

He was given a 12-month community order and told to carry out 120 hours of unpaid work during that period, the court told The Register.

In August Nimley, who distributed his illegal wares online, pleaded guilty to 10 charges under sections six and seven of the 2006 Fraud Act, and section 107/1(e) of the 1998 Copyright Designs and Patents Act.

Last month he was handed jail time, after being caught and arrested for using his iPhone to take a blurry recording of The Bounty Hunter in March this year.

He had also previously recorded The Crazies, Alice In Wonderland and The Green Zone.

When Nimley was jailed in September, the Federation Against Copyright Theft (FACT) excitedly proclaimed that the case heralded the first such sentence of its kind in the UK.

There have been recent successful court actions against the recordings of films in Blighty cinemas, with prosecutors citing the Fraud Act. But Nimley’s sentence was seen as a big win for FACT.

So seeing that jail term removed from the Harrow pirate’s conviction has got to hurt, hasn’t it?

“This is still a successful criminal conviction for illegal recording in a cinema,” FACT’s top flack Eddy Leviten told El Reg this morning.

“It’s the first conviction of its kind and vindicates the use of the Fraud Act. Judges considered the case very carefully and they had no issue with the legal process, nor the arrest.”

Leviten, who was present in court on Wednesday, said Nimley’s successful appeal against the jail term had been won based on his age and the argument that there was no risk he would re-offend.

But he added that only the sentence and not the conviction had been lessened.

“It looks like a bad result for us, but it’s not,” said Leviten. ®

Bootnote

Hat tip goes to Adam Banks, who blogged about the case here, for bringing the appeal to our attention.

The next step in data security

More from The Register

next story
Israeli spies rebel over mass-snooping on innocent Palestinians
'Disciplinary treatment will be sharp and clear' vow spy-chiefs
Infosec geniuses hack a Canon PRINTER and install DOOM
Internet of Stuff securo-cockups strike yet again
THREE QUARTERS of Android mobes open to web page spy bug
Metasploit module gobbles KitKat SOP slop
'Speargun' program is fantasy, says cable operator
We just might notice if you cut our cables
Apple Pay is a tidy payday for Apple with 0.15% cut, sources say
Cupertino slurps 15 cents from every $100 purchase
YouTube, Amazon and Yahoo! caught in malvertising mess
Cisco says 'Kyle and Stan' attack is spreading through compromised ad networks
Hackers pop Brazil newspaper to root home routers
Step One: try default passwords. Step Two: Repeat Step One until success
Greater dev access to iOS 8 will put us AT RISK from HACKERS
Knocking holes in Apple's walled garden could backfire, says securo-chap
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.