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IFPI Turning To Lawsuits

Sherman's doppleganger writes "The IFPI (the "European RIAA") has made a lot of noise about filtering this year, but it looks as though 2008 is instead becoming the year of the lawsuit. The IFPI has now sued an Irish ISP in an attempt to keep copyrighted content off of its network. 'The lawsuit accuses Eircom of abetting illegal downloading by allowing copyrighted material to traverse its network unimpeded. The IFPI... wants the ISP to start filtering traffic to scrub all illicitly uploaded and downloaded copyrighted material on its network.' The lawsuit comes less than a week after an Israeli court forced the nation's three biggest ISPs to block access to HttpShare.com."

12 of 85 comments (clear)

  1. common carrier? by blackcoot · · Score: 4, Interesting

    does ireland have a legal concept similar to common carrier in the u.s.? i'm not a lawyer, much less an expert on the irish legal system, but it would seem to me that this case could only work in a country where common carrier laws are either non-existent or very weak. if ireland does have something like common carrier that would cover eircom then a win appears to essentially invalidate common carriers and make any isp that sends traffic through ireland potentially liable, even if both ends of the infringing connection are outside of irish jurisdiction.

    1. Re:common carrier? by Hegh · · Score: 2, Interesting

      Well put. If ISPs should be held liable for what passes through their networks, it stands to reason that telephone companies should be liable for what passes through theirs (which I'm pretty sure is protected by common carrier laws in the US). The police don't try to stop people from discussing illegal activities over the phone, they just listen in when they get a warrant for a wiretap and catch the criminals in the act.

      I suppose it's understandable that the RIAA is unhappy about how things are set up, since there are no criminal penalties (and therefore no police protection) related to copyright offenses, because it means private entities need to take charge of protecting themselves. Courts do not issue warrants to anybody but police, so they cannot wiretap the ISPs.

      Suing the ISPs to make them block infringing traffic is definitely not the right answer, though, since there is no way of knowing whether any single packet contains copyrighted material, and whether that material has been licensed for transmission to the receiving party. Their best plan of action would probably be to make it legal to copy the music, but provide extras with purchased music that makes the purchase worthwhile. For example, NiN's special collector's album, which includes vinyl a photo album.

      --
      Bravery is not a function of firepower.
      ~J.C. Denton (Deus Ex)
    2. Re:common carrier? by Hegh · · Score: 2, Interesting

      Interesting... If that exact law applied to the US, ComCast could be in bigger trouble than they are now:

      (2) The transmission condition is that the service provider does not--
      (a) initiate the transmission;
      (b) select the recipient of the transmission; or
      (c) select or modify the information contained in the transmission."
      --
      Bravery is not a function of firepower.
      ~J.C. Denton (Deus Ex)
  2. Legal filesharing should be kept legal by MichaelCrawford · · Score: 4, Interesting
    File sharing is crucial to the success of musicians such as myself who offer free downloads of their music. We do this to promote our work, and to gain fans.

    But direct HTTP downloads can bankrupt a struggling musician if their music suddenly becomes a hit. To allow mass distribution at modest expense, I offer Bit Torrent downloads of my music.

    I can't really see how an ISP could filter out copyright infringement without also filtering out files that are non-infringing.

    Bit Torrent distribution is also crucial to Free and Open Source software projects, whose installers are sometimes hundreds of megabytes or even gigabytes in size.

    In the debate about file sharing, please speak up for the legal uses of it.

    And yes, I know I can host my work on free sites like MySpace, but then it would be MySpace's website and not my own that would benefit from links placed by fans. For business reasons, it's much better for a musician to have their own website if they possibly can.

    --
    Request your free CD of my piano music.
  3. Re:httpshare.com? by nbert · · Score: 3, Interesting

    I must admit that my Hebrew is not what it used to be ;), but it seems to be similar to rapidshare with the added benefit of searching the content.

    Makes you wonder why rapidshare didn't implement this, oh wait - that would prove that most of the traffic is infringing copyright. Plus it would make it easier to sue those uploading. *AA must love httpshare.

    On a more serious note I'm still surprised by the concept of keeping piracy down by going after those distributing it on the internet. Maybe that's the only way to go if you can't win in the long run. I'm still waiting for the hdd offering enough capacity to store all music ever produced. After that the one storing all movies is just a matter of time. Just calculate the current size of the ITMS and compare it to the growth rate of hard disks - makes it kinda silly to talk about this issue anymore...

  4. httpshare.com... by MMC+Monster · · Score: 2, Interesting

    ...works fine from here. They're apparently thanking IFPI for the free advertising. :-)

    --
    Help! I'm a slashdot refugee.
  5. Re:So all traffic should be banned by TheVelvetFlamebait · · Score: 3, Interesting

    Read your own quote again. They said "all illicitly uploaded and downloaded copyrighted material", not "all copyrighted material". That argument was a petty nitpick at terminology in the first place, but here, it's even more useless.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  6. Re:These people need to crawl in a hole somwhere. by Zombie+Ryushu · · Score: 4, Interesting

    The Pirates didn't pass laws that robbed us of fair use. The Pirates didn't hide rootkits on CDs. The Pirates didn't create this massive DRM laden Windows Vista, Music Renting. The Pirates aren't the one putting bandwidth caps, retarding the Internet's progress and putting levies on blank media. There are a number of other things. But what the *AA and IFPI have done has been far worse than any Pirate.

  7. Re:These people need to crawl in a hole somwhere. by psychodelicacy · · Score: 2, Interesting

    Pirating isn't something I know a lot about. Do the pirates make money from what they do, or are they just distributing copyrighted material for free? And is the former considered morally (or legally) worse than the latter? I'm not writing to disagree with you, by the way - it's just that I'd like to understand the issue better before I make my mind up!

    (Oh, and on a side note, is it okay to ask questions like this in /. comment threads? If I'm going to piss people off, I'll just wait until I can ask someone I know instead!)

    --
    A closed mouth gathers no foot.
  8. Re:These people need to crawl in a hole somwhere. by theheadlessrabbit · · Score: 2, Interesting

    the answer is both.

    some pirates download and burn movies, and sell them for $3 each on street corners (see Asia)

    It is my opinion that selling somebody elses work without their permission is both legally and morally wrong.

    but the **AA and lawmakers lump people who just share music with their friends in with these pirates.
    I see nothing wrong with sharing.
    It's what they told me to do back in kindergarden.

    --
    -I only code in BASIC.-
  9. Re:Comply! by gmack · · Score: 2, Interesting

    really, how much harm can they do to your computer by using your wifi?

    Your argument reminds me of a 3com sales guy who told me encryption isn't important for home connections since no one wants to break into your computer anyways. The problem is that it's not your computer they want; it's your internet connection.

    They could start spamming and get your account disabled. There was also the time I got called in to find out why the office internet was so slow only to discover that one of the neighbouring offices that shared our internet connection had an open wifi and someone was using it to launch a DoS attack.

    Then theres the guy they caught driving the wrong way down a one way street with his pants down in Ontario Canada. Turns out he was using someone's wifi connection to browse child porn. Imagine having that traced to your ip. Given the current guilty until proven innocent attitude when it comes to crimes against children your likely to lose your house and job before they even bother (if they bother) to find out you were innocent in the first place.

  10. Re:These people need to crawl in a hole somwhere. by psychodelicacy · · Score: 2, Interesting

    You're right, their behaviour has been crappy. But I think that we tend to lose sight of the fact that what we're talking about is a totally non-essential product. They're not restricting our access to water, shelter, education... Music is amazing, but there's no reason why we should be entitled to more than we can afford to pay for. A person isn't having his human rights infringed because he can't afford more than a couple of CDs and no-one will give him the music he likes for free. I think it's absolutely right to protest against fair use restrictions and the retardation of the Internet, but we have to acknowledge that it is illegal to distribute copyright-infringing material, and there's no valid argument to say that that is a fair or moral thing to do.

    --
    A closed mouth gathers no foot.