tagged w/ 3 Strikes
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In a move that will no doubt see Internet lovers across the globe jump for joy, the EU has been persuaded to scrap the copyright infringement punishment of "3 Strikes."
"3 Strikes" is where if you get caught three times downloading stuff you shouldn't be (read: copyrighted films, music, games) then you get banished from the Interwebz forever. Yes, I said forever!
It's been a hot topic of conversation in the world of online geeks. In New Zealand they managed to get Bill 92A, a 3-strikes rule, agreed to by Parliament, but after plenty of angry geeks and artists protested, the government had to reassess its options, revoking the Bill. Whereas in France, Sarkozy pushed for the adoption of "3 Strikes" but was defeated.
Question is, whose problem is it if copyrighted material gets downloaded? Is it the artists' for making it available? The people that are hosting it on the Internet? Or, is it the fault of the users who download it?In a move that will no doubt see Internet lovers across the globe jump for joy, the EU... more
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Next month, New Zealand is scheduled to implement Section 92 of the Copyright Amendment Act. The controversial act provides ‘Guilt Upon Accusation’, which means that if a file-sharer is simply accused of copyright infringement, they are immediately guilty. The punishment - summary Internet disconnection.
The term “3 Strikes” is a familiar one to those monitoring attempts to crack down on illicit file-sharing. Many countries are looking at proposals which if implemented, would mean that a ‘graduated response’ is taken against those accused of online copyright infringement. ‘Strike One’ would earn the infringer a warning, ‘Strike Two’ would result in a slowing of the user’s Internet connection, with Internet disconnection proposed on a third accusation.
However draconian these proposals might appear, they are nothing compared to the proposed ‘Section 92′ of the Copyright Amendment Act in New Zealand. Scheduled for introduction at the end of February 2009, the act assumes that any individual simply accused of sharing copyright works on the Internet, is guilty. The punishment for ‘guilty’ is summary disconnection from the Internet. Understandably, this proposal hasn’t been well received by many outside of the entertainment industries. Indeed, RIANZ, New Zealand’s answer to the RIAA, has been a vocal supporter.
One group voicing dissent is The Creative Freedom Foundation. On December 18th the group launched with the aim to “unite artists who are against the removal of New Zealander’s rights through proposed changes in Copyright law, done in the name of protecting creativity.”
Foundation Co-Founder and Director, Bronwyn Holloway-Smith is strongly opposed to Section 92, which she says threatens Internet disconnections “without evidence or even a trial.”
“The result of this law could be that one rogue employee or even one virus infected computer could bring down a whole organization’s internet and it’s highly likely that schools, businesses, hospitals, and phone services will be harmed by this,” she said.
Hollyway-Smith warns that as the government has shown support for the bill, unless there is a major public protest against it the proposals will “roll over into law” - just 54 days from now. To this end, the foundation has started a petition and campaign against the “Guilt Upon Accusation” laws, called “Not in my Name”. The petition can be signed on the Creative Freedom Foundation website.Next month, New Zealand is scheduled to implement Section 92 of the Copyright... more
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The budget for the music industry's trade group, the Recording Industry Association of America, will soon shrink as the major labels reduce costs and their dependence on file-sharing lawsuits, industry insiders said Friday.
Friday's startling news that the trade group representing the four largest music labels has declared an end to a long-running legal campaign against file sharing will mean a reduced role for the RIAA, which is coming up on its yearly budget review, according to a source close to the group.
But in a climate where digital music sales are growing, though not fast enough to make up for the losses from shrinking CD sales, the trade organization was already headed toward likely cutbacks. One source said that one of the top four labels has already begun making noise about lowering its contribution to the organization.
An RIAA representative declined to comment.
The RIAA has seen budget cuts for the past several years, and both sources said the organization isn't going anywhere. The group still lobbies Congress on behalf of the music industry and artist rights.
Now, with a less litigious agenda, perhaps the RIAA will need one or two fewer lawyers.
See also:
• RIAA drops lawsuits; ISPs to battle file sharing
• Copy of RIAA's new enforcement notice to ISPs
• Lawsuits or not, the RIAA still doesn't understand us
• RIAA president: 'No talk of blacklisting'The budget for the music industry's trade group, the Recording Industry... more
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For years the RIAA has been filing lawsuits against thousands of individuals who allegedly shared copyrighted music. Following recent court setbacks, the lobby group has announced it will stop mass lawsuits. Instead, it will focus on cutting deals with ISPs to disconnect ‘IP-addresses’ that repeatedly share copyrighted music.
Ironically, the decision by the RIAA to stop their mass lawsuits is followed by a proposal to target an even larger group of Internet users. The music industry lobbyists state that they are in the process of cutting deals with ISPs to target Internet subscribers that repeatedly infringe on the copyright of the major record labels - the so called three-strikes approach.
This means that millions of people will receive warning emails from their Internet service provider, based on ‘evidence‘ gathered by a third party with a vested interest in the outcome. This will also mean, however, that thousands of individuals will receive emails in error, as the evidence gathering techniques are not as solid as the anti-piracy outfits say. There have been a lot of false accusations already, and this was recently confirmed in mainstream media by the BBC show Watchdog.
The move from individual lawsuits to controlling piracy at the ISP level seems to be the new trend this year. Many countries have looked into the possibility of disconnecting file-sharers from the Internet, often gently pushed by anti-piracy lobbyists. France was the first to present their “three-strikes” law earlier this year, which would allow anti-piracy outfits to police the Internet. The IFPI now plans to implement this worldwide, with or without legislation.
It wont stop there though, if the RIAA gets its way ISPs will also have to pro-actively check for copyrighted content on their network. In their list of suggestions for the controversial ACTA proposal, the RIAA wants ISPs to spy on the files that are transferred by their customers, and check them against a reference database of “copyrighted files”.
ISPs worldwide are not looking forward to policing their networks, but they might find themselves with no other option. Adding further pressure, the RIAA wants ISPs to be held liable for the copyright infringement that takes place on their network, as their proposal suggests “…in the absence of proof to the contrary, an Internet service provider shall be considered as knowing that the content it stores is infringing or illegal, and thus subject to liability for copyright infringement…”
So, while dropping the mass-lawsuits might be considered to be a step forward by some, the change in tactics might very well result in a virtual police state where consumers (and ISPs) are guilty until proven innocent. The RIAA has lost some major battles in court, but if they gain control over ISPs, the future might be even darker than the past.For years the RIAA has been filing lawsuits against thousands of individuals who... more
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