scenefuk.TXT
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Typed by 666 for Beast (ex-sysop ARCADiA)

The latest news on the 2nd UK bbs to get busted - ARCADiA - 5 noder
for Paradox and Pentagram. One of the longest running UK boards.
Is the UK scene seriously fucked with the CC busts too?


OK, a message from Beast for those of you who remember Arcadia (the real 
one!). You may remember that in December 1993, FAST and the Plod, turned 
up (without just cause) at Beast's home and confiscated his BBS (all 5 
modems and all equipment). They suspected a pirate BBS was running and 
wanted to stop it. Well, not a lot happened until February when (after 3 
months) they finally got around to asking some questions to which they 
got "No comment" to everything - some very pissed off Plod squad bods! 
In June the CPS (Crown Prick Service) finally found the paperwork and 
decided to proceed on 12 charges against Beast under the Copyright 
Designs and Patents Act 1988 (6 relating to "being in business" and 6 
to "distribute to such an extent as to prejudicially effect the licence 
holder"). The matter then proceeded to drag through the magistrates 
courts until finally they had enough and insisted that CPS could delay 
no longer.

On 30th January a committal hearing took place. That is where the CPS 
present their case and try to convince the beak that a case exists. 
Beast's barrister was not successful in a number of arguments, mainly 
because the beak was brain-dead in relation to computers and also 
because Robin Lawrence of FAST told some rather large porky-pies. Oh, 
current sysops, if you think a declaration helps, forget it. If you 
also think that FAST are unable to upload a pirate ware because then 
they are breaking the law themselves, forget it. How they get the 
evidence is immaterial - sure Beast may well decide to prosecute 
FAST for the way they acted but it was the Police who got him (with 
FAST's help). Use a defence of "they hacked my system, against the 
Computer Misuse Act 1990" ? Forget it... it does not work!!! The law 
is being used just to allow person's to be victimised - it does not 
work to ever protect your rights!!!!

Well, that's the main story so far. Beast was committed for trial by 
jury at Crown Court - You can read the rest when it gets to the papers. 
This will be the first alleged piracy trial in Crown Court to our 
knowledge - Executioner and Scrote were done in Magistrates Courts. 
Interesting statistic time - 85% of cases are won by CPS in Magistrates 
Courts but only 55% in Crown Courts. I wonder why Beast is happier 
being in Crown Court!! hehehe

Well, now the killer bit. John Loader (ex-FAST, now ELSPA) was in court, 
as was Robin Lawrence (now CEO at FAST), David Braben (programmer of 
Elite) was not allowed in (cos he smells?), Commodore UK's Developer 
Support manager (the expert witness), some tart from Microsoft, some 
even rougher tart from Quarterdeck and a few others Beast can't 
remember.
Well, it was all quite genial, except for the CPS Barrister, a small 
little Indian called Zak Miah. He is an offensive little toad at the 
best of times but we won't worry about that. In the genial discussions 
(excepting Mr Miah), John Loader was quite keen to explain what the 
current action ELSPA are taking. Loader left FAST in April 94 to join 
ELSPA. Sure, they all do the same thing, BSA too. FAST are more into 
commercial shit, like BSA, and that why Beast's charges relate to 
Microsoft, Quarterdeck and business packages but ELSPA are funded by 
the game-industry. Loader is now provided with resources to target 
distribution of game software and that's the plan. CDRom is one area 
that FAST are keener on because its companies like Microsoft that 
find their œ200 apps on CDs but ELSPA are after BBS's as they see this 
as a major distribution point of games. 

FOR THE DICKHEADS - this means more BBS busts soon.

Now, if you have been around since Dec 1993 you will remember Beast 
explained how Loader knew about then then cool Boards - Arcadia and 
Treasure Island he closed, Living Chaos (Intreq ignored the warning 
so we can all laugh at how fucking stoopid he was, Flying Teapot (Hi 
T closed and lived to sell his equipment), Splatterhouse (Splatt did 
likewise) and so on. Loader knows about the boards now too. He did 
mention a few but to be honest we cannot be sure if he was yanking a 
chain or not. If Loader wants to frighten the scene what better way 
than to "leak" some info through Beast ? Well, I hope I have explained 
in the first part how Beast took all the precautions that existing 
sysops take and it did nothing to prevent his court case. Even if he 
wins it will be 18 months without his Amiga stuff and its worth under 
half what it was - anyone wanna buy a 16.8 DS now - I think not!

Sysops - you can see the writing on the wall. It is your choice but 
don't expect sympathy when you are closed. Treasure Island was the 
first and Jon deserved sympathy, Arcadia the 2nd (and Beast does not 
want sympathy), Krypt, and now the CC busts. It's funny but I can 
reveal that The Tower was mentioned in relation to busts but I don't 
spose Loader will need to bother now. Being done for CC abuse is a 
damn site more serious than running a BBS. Beast knows Fireflash and 
spoke to him - FF now knows how pissed Beast was when he got a raid. 
It's funny but you soon find out your real friends.

Anyway, a final message from Beast to the scene and I quote:

"There is a pretty good chance that ARCADiA will be back up in some 
form. I am testing some software and taking some advice. It's pretty 
hard when you are held responsible for the action of users who upload 
pirate shit despite warnings not to. I am considering opening a 1 
node Arcadia, until I get my gear back, and would welcome any callers 
when it is up but please tell everyone I am not looking for pirate 
uploads - just a friendly legit BBS. I'll let you know when I am ready 
so you can release an add or a text file."

Neither myself nor Beast will name boards mentioned by FAST, we don't
want to see more boards closed. Where would we get the warez then?

Signed: 666/Indy
16th Feb 94