IFPI Abandons “3 Strikes” Model for Danish File-Sharers

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Led by the IFPI, the music industry has continued its European tour to convince governments and ISPs to implement a '3 strikes' model to deal with alleged file-sharers. However, recently leaked comments from politicians indicate that chances for Denmark to adopt the scheme are now dead.

ifpiIt has been the grand plan for a while now. Rather than chasing individual file-sharers, the IFPI has been using its power to lobby governments and ISPs, in the hope that they can have the tough ‘3 strikes’ model implemented on a national level across Europe. Get caught once file-sharing, receive a warning. Get caught twice and have your Internet connectivity reduced in some way. Get caught three times and, if the music industry has its way, it’s goodbye Internet.

In common with many other countries, in September the Danish Ministry of Culture received proposals from the IFPI for the ‘Graduated Response Scheme’, aka ‘3 Strikes’. Now, according to Comon.dk, just a matter of weeks later, the possibility of Denmark adopting such measures are dead.

Comments from politicians which seem to indicate that the IFPI will not succeed in Denmark have been leaking out recently. This has forced the organization to accept defeat: “We have to deal with the political reality that there will be no 3 strikes [in Denmark],” said IFPI’s Jesper Bay.

Stating the obvious reasons why these proposals aren’t being welcomed across Europe, and have been wholly rejected by Danish ISPs, Jesper Bay notes: “3 Strikes is an extremely far-reaching solution and we have said that we must continue to discuss it. We still need to see proof of the allegations of legal security problems, as critics of the 3 strikes have put forward.”

However, the IFPI won’t give up trying to force through something in Denmark. “I think we can find a solution which the Consumer Council can live with,” said Bay, although if warning, limiting and disconnecting file-sharers is too much, there doesn’t seem many places left to go.

Not everyone from the IFPI is in favor of the ‘3 strikes’ proposals. Recently, Peter Schønning, a lawyer working for the IFPI, came out and said he wasn’t in favor of the model, which is notable since the organization usually speaks with one voice. Interestingly, up until March 2008 Schønning worked for the government’s Ministry of Culture as the head of Media, Author and Sport, with a responsibility for copyright law.

The IFPI’s Jesper Bay said he was unaware of Schønning’s comments and refused to comment.

Thanks to Peter_Pan


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