Sulake Arrested Josh (Jeax)

it seems quite pathetic but if it were your $$$ potentially at risk i'm pretty sure you'd do everything to protect your business. at least it'll set an example for others.

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Originally Posted by stickwitu

it seems quite pathetic but if it were your $$$ potentially at risk i'm pretty sure you'd do everything to protect your business. at least it'll set an example for others.

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How would $$ be at risk because of him? lol

I hope the geek goes to jail, then we can all see how hard he is. infact, he might find out how hard some people are.. in the showers

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Originally Posted by Captain

I hope the geek goes to jail, then we can all see how hard he is. infact, he might find out how hard some people are.. in the showers

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he wont get jail for that offence.

I imagine he will just get a fine.

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Originally Posted by IceNineKills

he wont get jail for that offence.

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he could, im not sure but i quickly googled CMA and i read 5 years maximum or something.

and good, serves him right. hackers should know better

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A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; and
(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

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he'll probs just get a daft fine, unless sulake want to be picky and go for damages :rolleyes:.

Depends what he did I

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Originally Posted by DaveTaylor

They are claiming his program edited there habbo servers, which is obviously wrong, so ye, section 3 is about unauthorized change to media/information

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These comments are not against you Dave, they are general points.

Sulake can't arrest Jeax, nor can they impose a criminal sentence upon him. Semantics matter. And the exact offence is "unauthorised modification of the contents of any computer" (s.3(1)(a)) combined with the mens rea in s.3(1)(b). What classes as modification is addressed in s.3(2). Mens rea elements addressed in s.3(4) and s.3(5) are not really disputable.

I have nothing against Jeax in particular, and maybe Sulake are being heavy handed by requesting an action brought against him... but it's understandable on their part. You could then assume (if you are cynical) that Sulake wanted threads like this to be made, if we guess the reason by the action. Are you playing into their hands? ;)

Dan: it's a criminal case, numpty. Sulake can't ask for damages in an action they are not bringing.

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Originally Posted by Computer Misuse Act 1990 (as amended), s.3

(1) A person is guilty of an offence if—

(a) he does any act which causes an unauthorised modification of the contents of any computer; and
(b) at the time when he does the act he has the requisite intent and the requisite knowledge.

(2) For the purposes of subsection (1)(b) above the requisite intent is an intent to cause a modification of the contents of any computer and by so doing—

(a) to impair the operation of any computer;
(b) to prevent or hinder access to any program or data held in any computer; or
(c) to impair the operation of any such program or the reliability of any such data.

(3) The intent need not be directed at—

(a) any particular computer;
(b) any particular program or data or a program or data of any particular kind; or
(c) any particular modification or a modification of any particular kind.

(4) For the purposes of subsection (1)(b) above the requisite knowledge is knowledge that any modification he intends to cause is unauthorised.

(5) It is immaterial for the purposes of this section whether an unauthorised modification or any intended effect of it of a kind mentioned in subsection (2) above is, or is intended to be, permanent or merely temporary.

(6) For the purposes of the M2Criminal Damage Act 1971 a modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.

(7) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; and
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

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You can actually get a longer sentence for hacking than for murder :P