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Large Irish ISP To Enact "Three Strikes" Rule For Copyright Violation

Posted by timothy on from the very-very-naughty dept.

Squeeonline writes "One of the biggest broadband providers in Ireland will make the country the first in the world (according to the broadsheet newspaper the Irish Times) to introduce the 'three strikes' rule. 'Eircom will from today begin a process that will lead to cutting off the broadband service of customers found to be repeatedly sharing music online illegally. Ireland is the first country in the world where a system of graduated response is being put in place. Under the pilot scheme, Eircom customers who illegally share copyrighted music will get three warnings before having their broadband service cut off for a year.' ... The mechanism by which it operates was challenged in the courts by the Data Protection Commissioner. Apparently, IP addresses do not constitute 'personal information.' Personally, I use filesharing all the time, but I use it to download large open source Linux ISOs. How will Eircom legally differentiate between that content, and the content that some ragamuffin may be downloading illegally, without infringing privacy laws?"

7 of 288 comments (clear)

  1. Abortion is still illegal by KahabutDieDrake · · Score: 4, Interesting

    In Ireland. So a bit of censorship and or corporate protectionism (depending on how far you lean) isn't a big surprise. I am a bit shocked that anyone is upset by this. I'm as big a sharer as the next guy (god damn it people SEED!!!) but if that 'sharing' is in violation of local law, the idea isn't to do it surreptitious, it's to change the local laws. As long as our activity is technically illegal, it's going to be policed. The more money involved the better the policing is going to be. There is a LOT of money in music.

    Ireland will be a test bed, and if it goes even remotely well, this program will expand to most of the EU and north america. I'm not sure how enthusiastic the ISPs will be about cutting off customers, however, I am sure that they will ham it up to get the highest possible "operational costs" from the RIAA and their ilk, to cover expenses, of course.

    I am also not sure why anyone would think their unencrypted data isn't already being inspected. That's just naive. There doesn't need to be a good reason, there just needs to be a WAY, and we all know there is. So it's just a little bit foolish to think that your OPEN traffic isn't already being scanned at the very least by a machine, and probably occasionally by a human if the machine flags enough activity as "bad". Is it against the law for the ISP to scan the traffic? Depends where you live, and how you define scan. In the US, the ISP can pretty much snoop as they please under the guise of Network Operations monitoring. They would be sued if they released private info, or if they used it in public against the customer, but turning it over to law enforcement (or a corporation pretending to be a law enforcement agency), isn't likely to get them in all that much hot water, legally speaking. They have already been doing it for years, and I can't imagine why they would stop. It's not like there is an ISP you can use that doesn't traverse ATT/Comcast, and or would vow to protect your plain text communications in the first place.

    1. Re:Abortion is still illegal by Grumbleduke · · Score: 4, Interesting

      Also, Ireland even has a shiny, new blasphemy law. But anyway;

      There isn't actually a lot of money in music. People think there is, (and the large record labels would like to believe it) but there isn't. In 2009, according to the BPI's figures, the entire UK recorded music industry revenue was less than GBP1bn. That's for all their recorded music (CD sales, music videos, legal downloads, ad- and subscription-based services, the whole lot) for an entire year. A top film will make nearly that much. EMI (the UK's one, failing contribution to the "big four" - and the smallest one) made more than that in 2009 (actually, it even announced pre-tax losses of more than that; but that is more due to its screwed up investments and legal battles with its own musicians, or former musicians).

      While $1bn may sound like a lot to you or me, on a corporate level, it is hardly anything - there really isn't that much money in actually selling recorded music to normal people. Normal people don't have that much money.

      Moving on; yes, this will be an interesting case and will likely be hailed as a success and great progress tomorrow by the IFPI and all their little friends; in fact, it will probably be used to support their efforts in forcing through something similar under the UK's Digital Economy Act. These measures will not work for two reasons. Firstly, they won't stop file-sharing without causing a huge fuss (and likely leading to an even greater backlash against the lobbyists). There will always be loop-holes, there will always be unlicensed file-sharing while it still more convenient. Secondly, even if people stop sharing, they won't naturally move to paying for stuff (and they certainly won't be downloading from iTunes or using Spotify if their Internet has been cut off for a year).

      The only people who will win here are the lobbyists (who can get nice big bonuses for getting their laws passed) and the lawyers who will be spending the next 10-15 years trying to untangle the mess it creates in the local, national and European courts. Stopping piracy through legislation and litigation isn't going to work, nor has it ever worked.

      Incidentally, I am doing something to stop things like this; I am a member of my local Pirate Party and will be meeting with Ofcom (the UK's communication regulator who has been tasked with drafting - or just using the BPI's draft of - our n-strikes law) to explain to them why they will be unable to carry out the requirements made of them.

      What are you doing to stop this sort of thing?

  2. How about this question ... by giorgist · · Score: 5, Interesting

    if every song comes out on youtube
    and I can download it as an MP3
    Am I pirating music if I can simply get it that way ?

  3. Good luck with that by rubies · · Score: 3, Interesting

    Who is paying the bills at the ISP? The copyright holders or the guys using the bandwidth? And will the copyright holders offer to make up the shortfall after the ISP ditches all it's best customers?

  4. lol by Charliemopps · · Score: 5, Interesting

    I actually work copyright complaints for an ISP and have an intimate understanding of how this all works. If someone REALLY wanted to highlight the flaws in this process the simple solution would be to get IP addresses of influential members of the government and/or the ISPs and start sending bogus emails to the copyright/abuse/legal mailboxes of the ISP. They'd start cutting off service automatically to all the right people. The uproar would be both hilarious and effective. Trust me, it would work very quickly as the ISP has absolutely no way of verifying the emails. Get the internet cut off to most government buildings and they might start to rethink this policy.

  5. Re:Not quite by Opportunist · · Score: 3, Interesting

    No, it's three strikes and then you can go to court and try to prove you're not guilty.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  6. Re:Not quite by JohhnyTHM · · Score: 3, Interesting

    Water, gas and electricity are already 'human rights', but utility companies have been able to cut off non-payers and abusers without issue.

    I can't comment on gas or electricity, but in the UK you absolutley cannot turn off someones water supply. It is classed as a basic human need for survival. Unfortunately, some people try to use this as a way to get out of paying their water bill.