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Do We Want ISPs Penalizing Music Fans?
NewYorkCountryLawyer writes "Noted singer songwriter Billy Bragg has written an excellent column in The Guardian, coming out against the pro-RIAA '3-strikes' legislation the big 4 record labels are trying to push through. In the article, entitled 'Do we want ISPs penalizing our fans?', Bragg writes: 'Having failed miserably in previous attempts to stamp out illicit filesharing, the record industry has now joined forces with other entertainment lobby groups to demand that the government takes action to protect their business model.' He goes on: 'Fearful of the prospect of dragging their customers though the courts, with all the attendant costs and bad publicity, members of the record industry have come up with a simple, cost-free solution to their problem: get the ISPs to do their dirty work for them. They are asking the government to force the ISPs to cut off the broadband connection of customers who persistently download unauthorized material, without any recourse to appeal in the courts.'"
Don't cut the broadband for any crime until it's proven in court.
It's not the role of the ISP to act as a police for a third party.
If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
Do we want "justice" meted out without even the pretense of due process, with accusation equaling guilt, and control in the hands of an unaccountable mess of corporate pressure groups?
The chap from TFA seems nice enough, and it is good that he is thinking about the question; but, thing is, it isn't his call. Allowing penalties to be assessed for private gain, without any sort of judicial process, is a grotesque parody of justice. It should not be countenanced anywhere. I'm glad that there are some on the music side that are uncomfortable with the idea; but that isn't the point. The point is that "3 strikes" and its ilk are wholly unacceptable. If they agree, great, if they don't, tough.
You emitted the exact same response last time. Anyway: This isn't a "pro piracy" issue. This is a due process of law issue.
If the RIAA can just call up my ISP and demand that they disconnect me, that makes a mockery of due process. Innocent until proven guilty, remember? Or are "pirates" (and the occasional misidentified laser printer) just too evil for due process?
... and not only that, but there is no practical way for ISPs to know what traffic is passing under your name, without intrusively inspecting the packets. That is without precedent; it is akin to asking telephone companies to listen in on your calls to determine if you are a using the telephone "improperly".
The so called 'piracy' (aka copyright infringement) is about fair use, freedom, and taking a stance (though some choose an improper form) against the draconion rules and organizations that are trying to monetize and take away our legacy. Music has always been about enjoyment and sharing. Until recently, the most common way to listen to music was to get together with friends and sing. No performance fees, no songwriter royalties, just people belting out a ditty.
Under the current situation, and the future one if RIAA has it's way, the National Anthem of the USA, that's the "Star Spangled Banner" for those who don't know, wouldn't exist under their rules. It was a (somewhat) popular piece of poetry that people started singing to a very popular piece of music. That made a fantastic hit that inspired people so much, they made it the national anthem. These days, the insane copyright lengths combined with the dubious 'enforcement groups' would have prevented any such thing from ever happening.
Have you wondered why nobody ever sings "Happy Birthday" on shows and movies anymore? Someone decided to enforce their copyright... Another piece of classic americana and culture down the tubes because of this subject. What's the next thing we'll loose? Yes, some of these people are breaking laws.
Yes, we talk about it a lot.
But you need to understand, if somebody doesn't raise a fuss and find a way to stop this, what will our children have left?
Unfortunately, the answer is not much...
Actually, I happen to be a musician and I disagree. I don't support piracy and I don't want people stealing my stuff. However, I also despise the RIAA, what it's doing, and how it's doing it. I also hate to see due process get thrown under the bus for the sake of an aging business model. Touring has always made musicians truckloads more money than CDs ever have. CD sales are just used by huge record companies as a revenue stream for themselves and as an indicator telling them who to send on huge tours. Regardless of how you feel about piracy, RIAA's idiotic tactics are going to make people want to stop supporting musicians entirely.
You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.