Peer to peer sharing?
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My OH had a second interview today. The police have had the forensic report back, so they questioned him about what they found. The file will now go to CPS for a charging decision, but I am confused as to why they want to charge not just for possession, but distribution too. This was because he downloaded the files from a peer to peer network. However, the solicitor seemed to think that they wouldn't make that charge stick.
Has anyone else got any experience of their OH being charged with distribution via peer to peer network?
Has anyone else got any experience of their OH being charged with distribution via peer to peer network?
Distribution through peer to peer networks is regarded as passive distribution, rather than active distribution. That's because the files are automatically shared, as they are being downloaded. The person does not choose to distribute, that choice is made for them by the software.
It's different from sending an image by Whatsapp or email for example. But realistically, unless the distribution was done intentionally either for profit or to cause harm, it probably won't affect the final sentence.
It's different from sending an image by Whatsapp or email for example. But realistically, unless the distribution was done intentionally either for profit or to cause harm, it probably won't affect the final sentence.
Thank you for explaining Edel. I was worried, as the sentencing guidelines for distribution are harsher than possession. So hopefully they will just look at possession when charging/sentencing.