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UK ISPs Want Copyright Holders to Pay if Users Sue

Posted by Zonk on from the that-road-goes-both-ways dept.

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."

4 of 147 comments (clear)

  1. Simple enough solution by KublaiKhan · · Score: 5, Funny

    If that's the way they want to play it, then it's quite simple.

    Find out what ISP the Phonographic Institute uses, and file a complaint that they're violating my copyright. According to that logic, the ISP must then disconnect them.

    Continue until they figure out why that's not such a good idea.

    --
    In Xanadu did Kubla Khan
    A stately pleasure dome decree
    1. Re:Simple enough solution by KublaiKhan · · Score: 5, Funny

      Oh, easy enough to fix that as well. File a DBA as, say..."The Copyright Association Foundation For English and International Network Egress" or something official-sounding. File the complaint as your company.

      If it's incorporated (a trifle expensive, but worth it, potentially) then even if they countersue it won't do anything to you.

      There you go, you're playing at the same level they are, and you can have official CAFFEINE letterhead to play with to boot.

      --
      In Xanadu did Kubla Khan
      A stately pleasure dome decree
    2. Re:Simple enough solution by Mr.+Underbridge · · Score: 5, Insightful


      Find out what ISP the Phonographic Institute uses, and file a complaint that they're violating my copyright. According to that logic, the ISP must then disconnect them.

      Not quite. The ability to disconnect is still up to the discretion of the ISP. However, the ISP rightly fears that the record companies won't be doing a whole lot of due diligence in eliminating false alarms, and that with the crapflood of requests the ISP won't be able to either. But I don't think you'll have success in calling the Phono group's ISP and getting them disconnected, as satisfying as it may be.

      The ISPs' request is a fair one. Basicaly, they're saying that if you want us to do your dirty work, you better indemnify us against the results. Otherwise, you assholes can get a court order before we do anything.

    3. Re:Simple enough solution by nickj6282 · · Score: 5, Informative

      I think you're missing the point. The IFPI need only be accused of piracy instead of actually having committed it. That's kind of the point of this article: wrongfully disconnecting users who are only accused of piracy, regardless if the accusation is valid or not.