European Commission: No 3 Strikes Without Judicial Oversight
Written by enigmax on November 24, 2009The European Commission has issued a warning to the Spanish government that any plan to disconnect file-sharers from the Internet without involving a judge would create conflict with the EU. This statement could also throw the three-strikes plans of the UK government and the Irish ISP Eircom into serious doubt.
In file-sharing terms, Spain currently has among the most relaxed laws of leading European countries. The country is believed to have some of the highest rates of online sharing of music and movies and currently it is perfectly legal, providing no money is made directly from infringement, to run BitTorrent and eDonkey sites.
As the copyright industries ramp up their lobbying, the government is finding it more and more difficult to maintain their current position, and is currently examining new ways to deal with illicit file-sharing.
At the opening day of a conference bringing together leaders of the telecommunications industry, European Commissioner for Information Society and Media, Vivane Reding, said that if the Spanish government implements measures to disconnect copyright infringers from the Internet without the oversight of a judge, it risks coming into conflict with the EU.
“Spanish measures that allow for the disruption of Internet access without a fair hearing before a judge, are certain to clash with the European Union,” she told the Telecommunications Market Commission (CMT) conference in Barcelona yesterday.
Criticizing France’s Hadopi legislation, Reding stressed that repressing people would not solve the problems of Internet piracy, noting that disconnections may even run counter to the “rights and freedoms which have become part of Europe’s values since the French Revolution.”
Furthermore, the “fundamental freedoms” of EU citizens which Reding insists forbids countries from disconnecting alleged file-sharers without a procedure involving a judge, also applies to Internet service providers.
This is of particular interest to customers of Ireland’s largest ISP, Eircom. Earlier this year IRMA – which controls 90% of Ireland’s recorded music and represents the likes of EMI, Sony, Universal and Warner – reached a private agreement with the ISP to implement a 3 strikes deal for alleged pirates, with IRMA discontinuing legal action against it in return.
The arrangement is an entirely private one, with no judicial oversight, which will likely bring it into conflict with the EU.
IRMA also took legal action against BT, Ireland’s largest ISP, and the country’s largest cable operator, UPC Ireland, to force them to follow suit.
However, last week IRMA discontinued its lawsuit against BT Ireland, as the ISP has already transferred its Internet customers to Vodafone. It is unclear if IRMA will now go after Vodafone, but the music group says it will continue to pursue UPC.
In addition, it will be interesting to see how the statement by the European Commission affects the Digital Economy Bill that was presented in the UK last week. The proposed legislation will also call for a disconnection of repeated copyright infringers, a measure that’s proving unpopular among the public. Thousands of people have already petitioned against the new bill.
Previously: Spotify Isn’t Ripping Off Artists, The Labels Are
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57 Responses
Well, I’m gunna move to spain
First just in case
Also, I consider lobbying nothing more then “legal bribing” because think of it, your using your corporation to tell politicians
Massive company: “Hey, make sure this law passes”
Politician: “Why?”
Massive company: “Becuase if you do I’ll vote to keep you in office. I’ll also help by using money to campaign with you”
Politician: “Ok”
See?
lets not for get who is actually behind the MPAA – RIAA, these are the companies that need to be targeted and boycotted into changing their ways, purchase only 2nd hand media and do not purchase anything branded sony, why allow the fecktards to dictate Orwellian hardware DRM designed to take away rights not to stop piracy anymore.
Name and shame the companies as all the **AA trade group name is for is to protect the corporate globalists from bad press.
RIAA, CRIA, SOUNDEXCHANGE, BPI, PRS, IFPI, ASCAP, Ect:
# Sony BMG Music Entertainment
# Warner Music Group
# Universal Music Group
# EMI
MPAA, MPA, FACT, AFACT, Ect:
# Sony Pictures
# Warner Bros. (Time Warner)
# Universal Studios (NBC Universal)
# The Walt Disney Company
# 20th Century Fox (News Corporation)
# Paramount Pictures Viacom—(DreamWorks owners since February 2006)
====================================================================
If Sony payola (google it) wasn’t bad enough to destroy indie competition you have this:
Is it justified to steal from thieves? READ ON.
RIAA Claims Ownership of All Artist Royalties For Internet Radio
http://slashdot.org/articles/07/04/29/0335224.shtml
“With the furor over the impending rate hike for Internet radio stations, wouldn’t a good solution be for streaming internet stations to simply not play RIAA-affiliated labels’ music and focus on independent artists? Sounds good, except that the RIAA’s affiliate organization SoundExchange claims it has the right to collect royalties for any artist, no matter if they have signed with an RIAA label or not. ‘SoundExchange (the RIAA) considers any digital performance of a song as falling under their compulsory license. If any artist records a song, SoundExchange has the right to collect royalties for its performance on Internet radio. Artists can offer to download their music for free, but they cannot offer their songs to Internet radio for free … So how it works is that SoundExchange collects money through compulsory royalties from Webcasters and holds onto the money. If a label or artist wants their share of the money, they must become a member of SoundExchange and pay a fee to collect their royalties.’”
http://www.dailykos.com/storyonly/2007/4/24/14132
i sure as hell hope she is prepared to put her money where her mouth is and back up what she is saying. seen too many posts around where someone has promised 1 thing, then done the exact opposite 5 minutes later after getting pressure/bribes from the industry!
Brilliant!
Something tells me the UK wont give a shit :/
Go figure,
British voter and I can’t sign the petition, as it’s not sending me the email.
I’ve signed these petition’s before, why the censorship?!
I agree, the UK government won’t give a shit. plus most of the people I know don’t even know this is going on.
@2 And you consider the bribing the lobbiests are doing to be legal? Get real. These corporations are no more than sanitized organized crime syndicates.
Everyone sign that petition and get your friends to as well. It will take 5 minutes and will help are cause : )
we should fight for our rights.
abou the perition, is it only for people in the uk.
Also,mabye i read it wrong but i think this article says eircom is irelands biggest isp, and then goees on to say bt is irelands largest isp…
cant have two largests…
http://news.bbc.co.uk/1/hi/technology/8374732.stm
I love the EU ^_^
direct download ftw
u guys, don’t buy any hollywood et al stuff anymore, and vote a bit more to the left – this will make a difference!!!
@9
“These corporations are no more than sanitized organized crime syndicates.”
right that is, in tendency. spying on their own staff, other firms etc., bribery etc., not that far from typical practices in dictatorships… we have actually a dictatorship of corporations (of money)… :|
@7
I too have tried to sign the petition, which I have succeeded in doing in the past. I too have not recieved the email to confirm my signature.
Could it be because my email address is already associated with a previous petition for our glorious unelected leader to resign…?
Eircom is Ireland largest ISP..BT is the largest operator in the Irish market though they only have a tiny share of it.
“@2 And you consider the bribing the lobbiests are doing to be legal? Get real. These corporations are no more than sanitized organized crime syndicates.”
Technically, it is legal, otherwise the government would put the lobbyists in jail. It isn’t ethical or fair, but it is legal. You should apologize to #2 for your mistake.
I do completely agree with you in the idea that it shouldn’t be legal and that they are organized crime syndicates. I hate the fact that it is accepted that corporations are all about money. They break the law if the cost/benefit analysis says it would be profitable to do so. They lie, cheat, and steal whenever it is profitable to do so. Rarely do they have moral standards of any kind. Yet everyone seems to be accepting and generally okay with this. Are we accepting of cheats, robbers, and paid assassins? No, yet they are all are people who will do unethical things for money. Corporations are exactly the same. I hope we can eventually outlaw corporations. Sure they have some benefits, but they hardly outweigh the many problems they cause and the money they leech.
Thanks for posting that info about SoundExchange CrazyPete.
What a bunch of capitalist wankers these companies/lobbyists are,and they have the nerve to complain about [i]us the public [/i] stealing from them!!!
So,as the artists who haven’t signed up to get their pound of flesh won’t get the cash,what exactly happens to it? It sits in the SoundExchange bank account earning THEM interest I bet…..might not leave such a bittern taste in my mouth if they took all those funds and interest and donated them to charity.Not gonna hold my breath waiting for those corporate suits to do anything altruistic though!!
on this site uses
I’m just stunned that any official legal body would stand up like this for the people. I could almost weep.
Of course this will all change once the media corporations secretly wine, dine, bribe and brainwash the EC. This tactic works really well with lawmakers so surely this should work with the EC.
All of course in the name of feeding the starving artists and protecting children, where the reality is it’s just to make the lawyers and executives richer and fatter while paying the artists nothing or as little as possible.
Gotta live ‘em media corporations eh????
This goes in the face of the Pirate Parties. The more proposed draconian measures thought up the more light is put on the crooks.
Trying to pass even more undemocratic legislation only reduces the ammunition the honest parties have to fight with.
I hope the UK takes note and remember:
1984 was NOT supposed to be an instruction manual!
http://i18.photobucket.com/albums/b140/Ajhayter/1984-not-instruction-manual.jpg
HAHA, some good news.
99% of all lobbying is bribing and corruption in some form.
Lobbyists should be regulated almost more than anything else.
i dont care about this , if i get dc then i will get a new ISP :D
For all those not able to sign up to the petition I would urge you to try again. I’ve signed up to a few recently, for the PM to resign and for internet users not to be disconnected ( plus others). I got an email every time I signed.
Remember you don’t need a valid portal address JUST a valid post code.
So … Try again! If that doesn’t work TRY AGAIN! If that doesn’t work, create a new gmail account and TRY AGAIN!!!
:-)
Possible answer for 12
” abou the perition, is it only for people in the uk.
Also,mabye i read it wrong but i think this article says eircom is irelands biggest isp, and then goees on to say bt is irelands largest isp…
cant have two largests…”
Eircom would be the largest ISP in the south of Ireland(Eire), BT(British Telecom) would be the largest ISP in the north of Ireland(UK)
Are there 2 largest ISPs in Ireland?
Queen would sing “Another one bites the dust…”
That online radio streaming is also scary. I mean, I can earn money on your work even though you had no help from me and no contract is signed at all?
Wait, they claim file sharing or piracy is making money on their work without paying… Ok, file sharing is all green peeps!
Lobbyists should be shot on sight. Their bodies should be dismembered and exposed around the country for public scorn.
I am definately doing a boycott of these.I took this info from above
I refuse to buy any new movies or music from these corporate greedbags.Spread the word and try to get as many folks a you can to agree not to buy any new movies/music.Buy corporate shit used not new.
Support indie bands and filmmakers.
Name and shame the companies as all the **AA trade group name is for is to protect the corporate globalists from bad press.
RIAA, CRIA, SOUNDEXCHANGE, BPI, PRS, IFPI, ASCAP, Ect:
# Sony BMG Music Entertainment
# Warner Music Group
# Universal Music Group
# EMI
MPAA, MPA, FACT, AFACT, Ect:
# Sony Pictures
# Warner Bros. (Time Warner)
# Universal Studios (NBC Universal)
# The Walt Disney Company
# 20th Century Fox (News Corporation)
# Paramount Pictures Viacom—(DreamWorks owners since February 2006)
Agree with 33 )
It’s true that European law makers make such a witch hunting on illegal downloads at the moment. In fact it’s terrible. They want to install stuff on your computer so they can see exactly what you do, download, sites you visit, etc. Not to speak about “saving” all your data for a few years! Spain was once a police state till 1975. I remember it and many with me. We do not want to get back to quasi dictatorship situations that the Euro governments seem to love so much these days. Spain is still a free country!
Peter Ris
Ibiza/Spain
“and is currently examining new ways to deal with illicit file-sharing.”
File sharing is *not* illicit in Spain as long as it is non commercial. Spain isn’t (yet?) contaminated by mafiaa like lobbies as in the US or in France. The government is not examining new ways to deal with illicit file sharing, it’s trying to make it illicit. Quite a difference.
Hey Peter Ris,
Whats the job situation like in Spain. My Spanish isn’t very good right now but I can learn with the language program I downloaded. ;-)
Here’s an interesting quote from the link provided by Hells Wrath above…
Why won’t the industry listen to what “we the people” want? It just seems like such an easy thing for them to do. Consumers desire a product, industry provides it (at a reasonable price)and makes a profit while doing it. The consumer gets what he wants and he’s happy. I don’t see the problem here.
No, they would rather threaten us, invade our homes without proper warrants, threaten old ladies who want to sing, and charge ridiculous amounts for a few songs shared. That’s the path they choose. It is they who are the terrorists and thieves not us.
All they are achieving is to alienate their customer base further, which will ultimately reduce their profit more. Fools!
A non mouse wrote:
>Why won’t the industry listen to what “we the people” want? It just seems like such an easy thing for them to do. Consumers desire a product, industry provides it (at a reasonable price)and makes a profit while doing it. The consumer gets what he wants and he’s happy. I don’t see the problem here.
Really? And what would that fair price be? Are you telling me that the people who are stealing music are (currently) sending checks or cash to the music companies or the musicians for the music/movies they steal? Are *you* doing this? Are you sending a message to let them know what you think a fair price is? I think you all are saying that $0.00 is the price you are willing to pay.
So put up or shut up dude/chick.
And I say this to all of you scum-sucking pirates: start sending money to some artist or company (hell, donate it to a charity)…whatever amount you think they fair price should be.
*That* would be a movement, and then, I think you might get some respect (you know, get some skin in the game).
But you won’t do that, will you? Because this isn’t about some evil capitalists vs. the good guys…this is just you all wanting something for nothing. That’s all it is, plain and simple.
Your stripes are showing, pigs.
Oh look, another hate spewing troll!
Listen twerp, I managed two bands several years ago, no charge to them. I took care of their promotions, mailing lists, help feed them when they were broke, paid their rent when they couldn’t. All no charge to them. So don’t try to tell me I don’t support artists. Since you have no clue as to where or how I spend my money don’t try to accuse me of anything.
I’ve seen you in these forums and all you ever do is spew forth foul language and false accusations. You sound like you are 12-15 years old at best.
@TorrentFreak mods this guy needs to be banned. Go back and look at his posts, nothing but filth and garbage. You delete other frivolous posts, get rid of this child!
And as far as charities go, I helped found and served on the Board of Directors for a Not For Profit cancer foundation for two years(no pay to me). I’m still a member, only inactive now due to lack of time from my day job becoming very busy. I doubt very seriously you have ever done anything except troll the various blogs and spout your garbage. I have also donated my hair five times to Locks Of Love, another non-profit organization. All told my friends and I have raised over $5000 for the charity, and something close to 100 feet of ponytails donated. So piss off you little (in your words) scumbag!
Awwww, what’s the matter, non mouse…don’t like it when people call you names? But it’s okay for you to call *everyone* in a particular industry thieves and terrorists, right?
And, c’mon, please, you’re gonna run to the mods and ask them to ban me? What a pu$$y you are.
That’s great that you have been charitable with your time and resources…but it does *nothing* to support any actions you take when you *steal* from a hard-working, creative person/industry.
Sorry, it doesn’t wash.
You guys are ridiculous here because you think it’s okay to steal. Plain and simple. And then you complain when laws are brought up for passage or lawsuits are filed. I have been in the entertainment/technical industry for more than 30 years…I have seen, on a day-to-day basis, the amount of effort and heart that goes into creating some of the stuff that you guys steal. And it makes me sick that you all think it’s okay to take food out of the mouths of people in the creative industries. They’re not all big, rich, fat-cats, but that’s how you guys portray them, because it makes it easier for you to feel okay about what you do.
You suck, and until you stop stealing, you will continue to suck.
Keep up the good work, A non mouse.
I think most folks on here have their heads screwed on straight, even the younger ones– although they seem to be struggling against some of the older folks of the industries and governments who you’d think would know better.
As I’ve suggested before, it strikes me as just about insane that anyone would expect to control, much less get paid, for copies of their files that they’ve cast to the digital wind.
I think the world would be a better place if they just stuck their precious manuscripts where the sun doesn’t shine.
Pure creativity doesn’t need money or industry.
Thank you Bobe-On,
Your right, most people here do have their wits about them, its just a shame that a few people try to ruin it for others. Age, sadly does not always confer wisdom or humbleness. The all mighty dollar/euro/whatever will always sway the weak of mind and spirit. Good on you my friend and good night.
Really Ernesto, is that kind of nonsense necessary on here?
@ha ha ha #43
but it does *nothing* to support any actions you take when you *steal* from a hard-working, creative person/industry.
It’s not stealing. Stealing involves removing. If you download something you aren’t removing anything from anyone. So however morally wrong you think it might be, stealing is the wrong term to apply to it, and your error only confuses the issue for the uneducated more.
I suggest you learn about “stealing” and the economics of the spread of culture by reading this (freely available and shareable) book: http://www.dklevine.com/general/intellectual/againstfinal.htm
Honestly if there is anyone who sees this who hasn’t read that book, do have a look. You’ll learn a lot. :)
uk todolist:
_ban_ burglars from all houses
_ban_ all car thief from driving (remove licence!)
“Really? And what would that fair price be? Are you telling me that the people who are stealing music are (currently) sending checks or cash to the music companies or the musicians for the music/movies they steal? Are *you* doing this? Are you sending a message to let them know what you think a fair price is? I think you all are saying that $0.00 is the price you are willing to pay.”
Actually, I used to buy the stuff I downloaded and liked. I’m rethinking my strategy now. I want to find a way to give the cash to the artist directly.
As for fair price, I think $0.20 per digital track is quite good if you consider the cost of generating a copy of a digital file is virtually null. That way the labels would make money on volume.
In any case you must be rich and able to waste cash buying stuff that you’ll simply throw away later. I, and most people, would rather check it first so my money will be put to good use.
I had posted earlier but apparently only the trolls get free speech! No foul language, no attacks, but still my post was deleted. Tends to make me wonder just whose side TF is on?
This will also probably get deleted.
@ha ha ha
What precisely is “the entertainment/technical industry”? I’ve never heard of that division before.
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What’s the point of saying “donate it to a charity” when someone claiming to have been doing exactly that gets then brushed off with “but it does *nothing* to support [...] creative person/industry”?
Anyway, would be nice if pro-copyright people would get this into their heads: the average pirate *is not* some hardcore radical who makes a point of not paying. Yes, there are is a good amount of those too, but the average pirate is not one of them. He/she is someone who takes stuff fir free because a) he/she wouldn’t buy in the first place unless it was discounted; b) he/she would have to go outside to buy a physical copy. The technology is so far that both these shortcomings could be eliminated (cutting the costs and need for for physical copy) yet the media industry is slow on adopting it. Spotify/iTunes Store are a good beginning, but their selection is still small and in most places in the world their service is still unavailable.
As for the actual TF article: atleast now there is a clear path to fighting against disconnecting – EU has said what it thinks of this, so when some ISP disconnects you without a judge’s approval you can go as far as the EU Court to reverse this (or atleast demand some damages for your stress).
You forgot one Borderliner
Sometimes the only way to find rare/obscure media is on the torrent sites. Not for sale anywhere!
Come to India, its pretty relaxed here too :-)
To those out there that celebrate Thanksgiving, I send my best wishes to you. For those that don’t, well you get them too! Even the poor misguided trolls. LOL
Perhaps with this EC ruling there can be some sanity brought to this issue.
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I found a HOTTEST interracial club =MixedConnect *.* C0M=for black Women and white Men, or black Men and white Women, to interact with each other. Interracial is not a problem here, but a great merit to cherish!
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