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DJING IS NOT A CRIME
Posted: Mon Oct 05, 2009 3:18 pm
by boogiedave
Not in my book, however once upon a time I was presenting a weekly Dubstep show on Silk City Fm when...........
I have recently been subject of an Ofcom case and have appeared at Birmingham Crown Court. This was a result of being arrested during a raid on the Silk City studio in september last year. I fought hard for as long as I could but once I reached Crown Court the Judge threw out the legal arguments and left my legal team with no defence whatsoever to present to a jury. This meant I had to change my Not Guilty plea to Guilty and I was given 12 months conditional discharge. The prosecuting barrister asked for £16,500 court costs - the Judge awarded £300! he also ordered Ofcom to return all my records to me.
So I am now offering for sale a limited edition T-shirt design. The print run is limted to 100 shirts, each one numbered and signed. Price is £10. I put the T-shirts on sale yesterday and already half have gone so get in quick if you want to own one of these distinctly forthright items. just PM me or email
boogiedownbrum@aol.com and we'll make the arrangements;

Re: DJING IS NOT A CRIME
Posted: Mon Oct 05, 2009 6:28 pm
by wibblewobble
why were you raided? pirate? what was the crime?
Re: DJING IS NOT A CRIME
Posted: Mon Oct 05, 2009 6:49 pm
by rbnc
What specifically are ofcom busting your balls for?
Re: DJING IS NOT A CRIME
Posted: Mon Oct 05, 2009 6:53 pm
by ketamine
rbnc wrote:What specifically are ofcom busting your balls for?
Obviously more than "DJing"

Re: DJING IS NOT A CRIME
Posted: Mon Oct 05, 2009 6:55 pm
by notez_
ketamine wrote:rbnc wrote:What specifically are ofcom busting your balls for?
Obviously more than "DJing"

well then that just completly defeated the point in those tshirts and your story...
Re: DJING IS NOT A CRIME
Posted: Mon Oct 05, 2009 6:56 pm
by ketamine
notez_ wrote:ketamine wrote:rbnc wrote:What specifically are ofcom busting your balls for?
Obviously more than "DJing"

well then that just completly defeated the point in those tshirts and your story...
I'm not the OP. But yes, it probably does...
Re: DJING IS NOT A CRIME
Posted: Mon Oct 05, 2009 6:57 pm
by rbnc
The shirts do seem slightly misappropriated.
Re: DJING IS NOT A CRIME
Posted: Mon Oct 05, 2009 7:39 pm
by godflesh fiend
rbnc wrote:What specifically are ofcom busting your balls for?
He was spinning Trance.
Re: DJING IS NOT A CRIME
Posted: Tue Oct 06, 2009 7:51 am
by boogiedave
Trance..ahahaahhhhheeeeeeuuuuuuch!
The offence is/was illegal broadcasting. Silk's a pirate. And the whole point of the shirts is the same as the old Skating Is Not A Crime shirts after skateboarders got busted.
My point in court was that if I, as a DJ, go and play records in a nightclub that has not got the relevant required licenses in place I am not guilty of a crime. Yet if I play records on a station that has no licence then I am. We also went along the track of questioning the fabric of the law, which holds that the 'offence' come under Strict Liability. This means you are guilty merely by your presence without the prosecution showing 'mens rea', that you have a 'guilty mind'. Strict Liability is supposed to be used in offences where it is in the public interest to prosecute. As pirates are pretty much back on air relatively quickly (in this instance, 2 weeks after my arrest and have continued to broadcast sincec) where is the serving public interest? Ofcom also state that the cases of prosecution act as a deterrent. Well that is blatantly not so as there ever been a DJ decide not to go on a pirate because someone else got arrested and prosecuted? Probably not.
The whole procedure, to my mind, is nothing more than to ensure the revenue streams of Ofcom. One of the witness statements was from a commercial station, a local one at that, who complained that they were having their broadcasts interfered with. The MD stated that he pays £500,000 each year for his license. So imagine the enormous amount that Ofcom receive in payments each year. They HAVE to go after pirates or those that pay wouldn't do so anymore........
regardless, I'm just loving the fact that by selling these shirts I am paying the legal costs off. If you want to order one, fine. If not, fine also. C'est la vie.
Re: DJING IS NOT A CRIME
Posted: Tue Oct 06, 2009 7:58 am
by 0rtg
godflesh fiend wrote:rbnc wrote:What specifically are ofcom busting your balls for?
He was spinning Trance.
Re: DJING IS NOT A CRIME
Posted: Tue Oct 06, 2009 10:24 am
by rbnc
Maybe get some made up saying 'Pirate Radio is not crime'?
Re: DJING IS NOT A CRIME
Posted: Tue Oct 06, 2009 1:17 pm
by stoppauseplay
rbnc wrote:Maybe get some made up saying 'Pirate Radio is not crime'?
this makes more sense to me....
its kind of like beating the shit into someone with a brick, getting arrested, getting out and making a t shirt that says "bricks are not a crime"
id say djing clearly isn't a crime in the first place....

Re: DJING IS NOT A CRIME
Posted: Tue Oct 06, 2009 1:20 pm
by godflesh fiend
rbnc wrote:Maybe get some made up saying 'Pirate Radio is not crime'?
Maybe get some made up saying...."Spinning Trance Records SHOULD Be A Crime!".
Seriously though good luck with the trial etc
Re: DJING IS NOT A CRIME
Posted: Tue Oct 06, 2009 1:21 pm
by stoppauseplay
fair play for plugging away at the radio anyway! you sound like a man who has done his research....
Re: DJING IS NOT A CRIME
Posted: Wed Oct 07, 2009 12:56 pm
by boogiedave
stoppauseplay wrote:fair play for plugging away at the radio anyway! you sound like a man who has done his research....
Cheers dude.
Re: DJING IS NOT A CRIME
Posted: Wed Oct 07, 2009 1:28 pm
by shambandito
stoppauseplay wrote:
its kind of like beating the shit into someone with a brick, getting arrested, getting out and making a t shirt that says "bricks are not a crime"
signature stuff right there!

Re: DJING IS NOT A CRIME
Posted: Wed Oct 07, 2009 1:53 pm
by rbnc
In all seriousness: Good luck mate. I grew up on pirate.
Hope it all goes well.
Re: DJING IS NOT A CRIME
Posted: Thu Oct 08, 2009 6:44 am
by zitanb
rbnc wrote:In all seriousness: Good luck mate. I grew up on pirate.
Hope it all goes well.
* 2. Good luck - sounds unjust to me.