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EU Strikes Down French "3 Strikes" Copyright Infringement Law
Erris writes "Opendotdotdot has good news about laws in the EU: 'EU culture ministers yesterday (20 November) rejected French proposals to curb online piracy through compulsory measures against free downloading ... [and instead pushed] for "a fair balance between the various fundamental rights" while fighting online piracy, first listing "the right to personal data protection," then "the freedom of information" and only lastly "the protection of intellectual property." [This] indicates that the culture ministers and their advisers are beginning to understand the dynamics of the Net, that throttling its use through crude instruments like the "three strikes and you're out" is exactly the wrong thing to do.'"
Because the weight of "evidence" required is normally zero.
*drafts 3 fake copyright complaints to stonecyphers ISP*
Go back a decade or 2 and a crafted packet "ping of death" could knock someone using windows 95 off the net for a few minutes, now 3 specially crafted packets encapsulated inside envelopes can knock someone off the net for weeks or months no matter their ISP.
Why? In this case, at least, the EU has shown its worth. I think the EU can be the voice of reason, much like the British house of Lords. It may introduce bureaucracy, but I will take that for protection of my human rights, privacy and a more open Europe.
Nothing to see here.
Any business model that depends on preventing what people can do easily in the privacy of their own home is (1) impossible to maintain and (2) detrimental to freedom as it requires an oppressive legal infrastructure and a brutal enforcement mentality.
Like all civilised countries, Australia does not have the death penalty.
To me it is the touchstone of civilization that the state does not kill its citizens.
You've shown a great number of U.S. citizens are in jail, that's it. Unless you're going to bring concrete numbers regarding the % of people in U.S. prisons who are, in fact, there because of 3-strikes laws, you might as well vomit random numbers--what you're saying is meaningless in the context of this conversation.
Say we have a vastly more effective police force: That could account for it.
Say we have stricter (draconian?) drug laws: That could account for it.
Say we have slower due-process and the majority are merely pass-throughs: That could account for it.
I could name any one of hundreds of reasons why the U.S. prison population is so high. Yet, without demonstrating the % of those attributed to any one factor, I'm not going to jump around calling 3-strikes laws crude on the basis of that.
Digital Sailor
The EU is roughly the size of the USA in population and area.
Perhaps it is not so different to think of the EU as a large country with a number of member states?
The EU doesn't have jurisdiction over every elements of members' law, but safekeeping democracy and liberties in all of its member states is part of its charter.
This is good, no? Recently, even in highly technical areas like patents and telecommunications, European representatives have erred on the side of preserving liberties. This is amazing, not?
Ok, I guess my karma will suffer from the opinion above but please, could someone explain we what would be a balanced approach that would enforce right of creators and freedoms of Internet users?
I think you've managed to ignore a far more important point. Why should government enforce the rights of creators? If they don't like what people are doing with their creations, then sue them. Oh, people are doing it by the millions and there's no practical way to sue them all? Tough ... time for societies and content creators to adjust to a new reality, and not try to force the old one upon the vast majority of the world's citizens: people that don't want it.
The higher the technology, the sharper that two-edged sword.
So if a person lives to be 90, which is quite doable with today's tech, we are talking 90+50 for Canada, or 90+70 for the US. And a century and a half+ is actually fair to you? I'm sorry, but are you high? And as for the "children and grandchildren" I have a concept for them: It is called WORK! I know,it is amazing, what a concept! Give me a break!
Look, just because your grandpa did something in 1938 that didn't suck doesn't give you the right to sponge of it today, anymore than I get to sit on my ass because my grandpa built the bridges that you drive on. And in case you didn't know we already have a way to pass that legacy on to your children and grandchildren: It is called inheritance! But the simple fact is this is NOT about the artist, and you know this. A good 90+% of the artists don't have the rights to their works, because the cartels make you sign those away if you want access to their media outlet monopoly. So I am sorry, but a law that was written to be abused is an abusive law. And I am sorry but you can't honestly think 150+ years is a "fair and reasonable" term for copyrights, can you? I'm willing to bet the vast majority of the population would disagree with you. And if the public refuses to play your little copyright game then it kind of becomes moot, doesn't it?
ACs don't waste your time replying, your posts are never seen by me.