3-Strikes Law Not Needed to Disconnect Pirates
Written by Ernesto on June 30, 2008In an attempt to cut down on so-called “illegal downloading” in the UK, the anti-piracy outfit BPI has sent out a round of intimidating emails, based on faulty evidence. BREIN plans to follow this example in The Netherlands, and meanwhile, the French Minister of culture is encouraging all EU member states to do the same.
Disconnecting filesharers has been one of the most debated anti-piracy measures this year. Many countries have discussed the possibility of doing so, and recently French authorities proposed a controversial “three strikes” law that allows anti-piracy organizations to disconnect pirates without a court order, or decent proof.
Next month, France will be the chair of the European Union, and Christine Albanel, the French Minister of Culture said that they will take this opportunity to encourage member states to take on piracy as well. Albanel further said that the “three strikes” law aims to change the behavior of the “average downloader”, not the hardcore pirates.
Albanel does not mention that the French law goes directly against the European Parliament who, this April, condemned state plans to authorize the disconnection of suspected file-sharers from the Internet. The European Parliament said that disconnecting petty file-sharers would be “conflicting with civil liberties and human rights and with the principles of proportionality, effectiveness and dissuasiveness”.
However, recent developments indicate that anti-piracy outfits don’t need a law to threaten pirates. Since most countries are hesitant to adopt such laws, organizations like the BPI and BREIN are now looking to make deals with UK and Dutch ISPs, to establish a “three strikes” policy, without having to change the law.
The BPI already managed to convinced the British ISP BT to work with them. Earlier this week, the Register reported that a BT customer received an email, stating:
BPI will monitor for further infringements of copyright and, if further evidence is obtained of infringement via your internet connection, then further action is likely to be taken against you. That action may include litigation against you, as well as the suspension by BT of your internet connection.
A few days later, the Dutch anti-piracy outfit BREIN said they would like ISPs in The Netherlands to do the same - forward letters to alleged offenders, and threaten to terminate their Internet connection. In France, this is already happening as well, without the “three strikes” law being officially passed, with at least one ISP having agreed to work with an anti-piracy organization, to combat piracy.
So, while claiming they need such a law, they are working with ISPs to do the same thing anyway. This will be a huge problem, not just for the customers that may lose their connections, but just because people are being hit with, in many cases, baseless accusations. Until something is done to hold organizations accountable for false or inaccurate claims, the industry will continue to use shoddy data gathering techniques, pointing the finger at as many innocent net users as may be guilty.
This leads us to believe that the disconnection threats, are nothing more than an attempt to scare people, who often didn’t even commit the “crime”, as we pointed out before. Sad but true.
Previously: Most Popular DVDrips on BitTorrent (wk26)
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62 Responses
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As I have said before:
As a form of protest, people can utilize civil disobedience by file-sharing in the public eye. Parades of people can walk in the streets distributing software (in CDs, or some other medium) amongst themselves and/or to any passer-bys as a form of protest.
It will be a way to show the public, and as a sign of strength. If the police acts, there can only be more such protests, as it shows the public of the wrongs that the industry commits.
I do not know why this has not been done before. It is time it should be done.
In addition, it must be public, so that people can see what it is. Doing it on the internet is not enough - it must be shown to people.
@1:
I agree. Using the “excuse” I download copyrighted material to protest my disgust of the pricing and my rights on owning this.
Fair enough. Please protest against what you disagree on, but do it more organized. People just downloading and backing it up with the previous stated phrase doesn’t really hold up in court.
The music and movie industry is using the law to their advantage to harass the users and consumers. If people want to really make things happen, they too need to use the law to their advantage.
Or else it will just be like when your parents tell you’re not allowed to do something when you’re a kid and you just cross your hands and say you don’t want to obey because you don’t want to obey.
“The marvel of all history is the patience with which men and women submit to burdens unnecessarily laid upon them by their governments.” - William H. Borah
And in this case, companies with power and the will to abuse it.
*Also in this case
I’m in
:-D
I bookmarked this page so if there will be some announcement or interesting links in the comments here, i’ll see it.
U know, im already gonna start with it. Dunno how yet, maybe with a button with “File-Sharer” printed on it. We’ll see.
@3
Haha but not good enough. I’m not just saying this for my own cause - the fact that others are being arrested for this is just as unacceptable as it would be to punish me for file-sharing.
@3
but in any case, I can’t do anything. I’m just giving you people ideas - I am not in any position in my life to do things.
id b happier to get cut off by my ISP rather than get a fine, least that way i could get the internet connected in a fake name or in the name of a lawyer who i dont like hehehe, ISPs in australia dont check up on if you have given the right details and who lives at what address, as long as you pay it there happy
真核細胞内のミトコンドリア内膜の他に原核細胞の形質膜にも見られる反応でもある。ミッチェルの提唱した化学浸透圧説での反応機構が最も有力で、次に仮説されたように、電子伝達系によって膜の内外にプロトンの電気化学ポテンシャル差が形成され、これを利用してＡＴＰ合成酵素（F0F1）が駆動し直接ＡＴＰを合成するとされる。脱共役剤は電子伝達系の反応とATP合成の反応の共役を阻害するもので、これを添加することにより電子伝達系が行われても酸化的リン酸化はおこらない.
I have 25Mbit connection, i always paid for my connection via a machine on the street, my ISP doesn’t collect personal information LoL
When they don’t have my information, how the f**k they will sue me.
But my ISP loves me and loves his customers, they will never take any action to lose his monthly income ;-)
THIS IS ALL FAKE PUBLICITIES FOR ME.
I WILL ALWAYS DOWNLOAD AND I WILL NEVER GIVE UP.
FTPS - KAZAA - BITTORRENT - IRC, looooooooL TOO MANY WAYS TO DOWNLOAD A MOVIE, IT’S IMPOSSIBLE TO STOP US !
DISCONNECT MY P*NIS :-)))))))
amen Mr.Afghanistan amen
Nothing much to do but wait for the next evolution of P2P, which is P2P with some really bad ass encryption.
They have upped the ante and the cat and mouse game continues… but its going to get sooo bad for them that they are going to look back at these days and regret that they excelerated the “arms race” to where there are taking it when again just like the Napster days they had a choice…
Maybe we should move focus to put pressure on the artist? If we all wrote a personal letter to artists like this:
Hey,
do you support RIAA and anti piracy? It is really decisive to mye choose of liking.
Br,
potential fan
If we could organize it and direct it at an artist over a period, so that they got like hundreds of these letters. Then maybe they will start shiver in their knees, and put pressure or distant themselves from RIAA/IFPI/BREIN etc…
Something needs to be done about these “Internet Police.”
I’ve gotten way too sick of this. I’ve recently undertaken some serious measures to protect my privacy, and I hope it’ll help.
They’re not taking down this sucker without a fight.
So… the plan from the ISPs goes something like this?
Step 1: Disconnect pirates from the internet
Step 2: ???
Step 3: Bankruptcy
riaa mpaa ifpi brein whatever, they are the REAL terrorists these days. They want nothing less than to achieve a totalitarian utopy (capitalism has never accepted ANY concurrence at all)
The next time you itch to vote, ABSTAIN!
@ 11 & 12
So it’s ok if everyone else gets sued?
See that makes no sense, GOOD HONEST people film and rip those movies for you… look at OiNK they risked their freedom to bring that to you.
What happens if you never get sued but every other file sharer does? who will you leech off then?
THIS IS ALL OR NOTHING PEOPLE, it’s all symbiotic
Wouldn’t this still be going against EU Law? As it is all the same except without lawful backing of the country it is taking place in.
Also, if they are basing it on inaccurate infomation when you are innocent then threatening to counter them with a lawsuit may be optional. I can’t see them wanting standing in court with inaccurate infomation and having to lump the legal costs of being raped in court over a disconnection. Nevermind the publicity which could be generated from it.
I truly hate anti-piracy companies like these because of the way they act arrogant and shockingly retarded. This is possibly their last hand to play before the goverment take things into their own hands and decide on what to do. But no doubt if the EU doesn’t go against these groups the people will.
pirates sucks and are stupid
I’m happy that I’m not with one of the big Dutch ISPs but rather with a smaller one. Still, the people at BREIN can go FUCK THEMSELVES. I will not fucking bow down to them. I know my rights and I am prepared to defend those rights up until the highest possible court. As long as they continue their scare actics without any legal basis they are worth shit to me.
I don’t think 3-Strikes Law will work . and I believe this will raise ISP strike .
the reason is many ISP to compete each others , some sell they service by giving free stuff . for example if you subscribe for 3 years you will get free notebook . so if goverment implement 3 strike laws , who going to pay .
also “disconnect pirates without a court order, or decent proof” is totally barbaric act . I couldn’t believe that the french want that . is this mean that in french , the anti-piracy organizations have authority above the laws ?
I didn’t know that French is part of US colony now .
@17
LOLOLOLOL!!!!
Another interesting outcome of this ‘pull the plug’ law will be when employees at large corporations start running their p2p programs (which they often do). Imagine a company like Charles Schwab or Apple or Wired all of the sudden getting their connection yanked and losing $$$$$ because of some of their employees wanted the new Eminem (or whatever).
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