UK ISPs Want Copyright Holders to Pay if Users Sue

I Don't Believe in Imaginary Property writes "After the recent draft legislation in the UK, which would create a 'three strikes' policy to cut off anyone accused of online piracy, the ISPs are asking for liability protection when users are wrongly identified. They're worried that when users are wrongly blamed for piracy, as has happened in several widely-reported investigations already, they will turn around and sue their ISP. The ISPs, of course, think that the record companies — or whoever else wrongly identified the file sharers — should be the ones to pay out any such judgments. The British Phonographic Industry, however, disagrees and wants the ISPs to simply use their Terms of Service to disconnect people. Apparently, that means they think that the ToS should be able to remove any legal recourse people might otherwise have against being misidentified."

Comments

On One Condition:

[Penguinisto]

So long as you do not filter, monitor, or read any of your customer's packets, provide due diligence in identification of a customer by records, and only provide info the industry cartels under subpoena (and not just because they ask), then okay - you can be free from liability.

Otherwise, you're rightfully just as culpable and should eat the consequences.

/P

So....

[whisper_jeff]

So, let's see. Record company accuses user of copyright infringement and their ISP is required to terminate their service. It turns out the accusation was "in error". The user has not recourse against their accuser for the false accusation _AND_ no internet service because their ISP cut them off. Yeah, that sounds like a recipe for a ton of frivolous accusations by the copyright holders. Heck, if they could accuse the entire country and force ISPs to cut them off, that would get all the pirates, even though it would be throwing a bunch of babies out with the bath water. And, hey, there's virtually no downside because they can't be counter-sued for the false accusations!

It seriously boggles my mind that people think garbage like this up and think that it makes a hint of sense. If you accuse someone of a crime and are proven wrong, the accused should have every right under the sun to come back at you. Hard.

Bah!

Re:Simple enough solution

[Telvin_3d]

Actually, it would be easy enough to do. Just keep track of everything they post or host as well as the source code of all their web pages. Three strikes right? I suspect it would take all of 6 months to find three instances where an intern has used a chunk of code from someone else's template or a designer uses a bit of a CC image in an advertisement.

Re:Digital fascism

[Stanislav_J]

It's getting to the point where it isn't worth leaving *any* trails on the Inet.

More like getting to the point where I don't want to be on the Net at all. Thinking of living the simple life.....move to a little cabin in Montana....I'd have plenty of time and quiet to start writing my manifesto.....