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EU Rejects Law To Cut Pirates Off From Their ISP

Posted by Soulskill on from the leave-me-tubes-alone,-arrrr dept.

MJackson writes "Europe has rejected plans to allow ISPs to disconnect users suspected of involvement with illegal file-sharing. In its final vote, the European Parliament chose to retain amendment 46 (138) of the new Telecoms Package by a majority of 407 to 57. Amendment 46 states that restrictions to the fundamental rights and freedoms of Internet users can only be put in place after a decision by judicial authorities. However, network neutrality remains unprotected."

6 of 210 comments (clear)

  1. illegal file-sharing? by Finallyjoined!!! · · Score: 5, Informative

    As far as I'm aware it's not "illegal" to share files. It may breach someone's copyright, but it's not "illegal".

    --
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    1. Re:illegal file-sharing? by Anonymous+Brave+Guy · · Score: 4, Informative

      Sorry, but how on earth is that (+5, Informative)? Your "awareness" is absolutely, objectively incorrect, and as far as I'm aware, this is true in every nation of the EU.

      Copyright infringement is not the same in law as theft, and it is often dealt with by civil rather than criminal law, but it is still against the law. Moreover, even that is not absolute and universal: since the EU Copyright Directive and related laws, many European nations can treat large-scale, commercial copyright infringement a criminal matter, for example.

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    2. Re:illegal file-sharing? by Kjella · · Score: 5, Informative

      It's illegal because it's against the law. What it isn't is criminal.

      Unless you hit one of criminal copyright infringement laws. For example, all the people sharing Wolverine before the release date (USC 17506(a)(1)(C) if you wanna look it up). Or everyone distributing more than 1000$ retail value in less than six months, which is easily achieved just by sharing the Adobe CS4 Master Collection once - that's the (B) section. I think if you had perfect knowledge of all file sharing quite a few people would reach criminal standards under current copyright law...

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  2. Amendmant 138 adopted by think_nix · · Score: 4, Informative

    On another note:

    "Amendment 138 adopted: internet access is a fundamental right "

    http://www.blackouteurope.eu/

  3. Re:It's called due process by pmontra · · Score: 4, Informative

    It's not only an American thing. We've got the same in Italy, Europe. Check Article 27 at http://en.wikisource.org/wiki/Constitution_of_Italy

    The defendant is not considered guilty until final judgment is passed.

    I expect every democratic county to have the same statement in its constitutional chart even if governments (US included) sometimes find ways to work around those principles.

  4. Re:An American Concept by Anonymous Coward · · Score: 5, Informative

    "Innocent until proven guilty" is not an American concept. America's legal system was derived wholesale from the British legal system. The criminal burden of proof was established long before America was even its own country.