Digital Act Could Spur Creation of Pirate ISPs In UK
scurtis writes "British anti-copyright group, Pirate Party UK, has predicted that Pirate ISPs will spring up across the country — promoting online privacy and allowing users to share files anonymously — in response to draconian file-sharing proposals outlined in the Digital Economy Act. The news follows reports that the Pirate Party in Sweden (PiratPartiet) will launch the world's first 'Pirate ISP.' The move is designed to curb the use of online surveillance in the country, and combat what PiratPartiet describes as the 'big brother society.'"
Hopefully public pressure (e.g. the ideas on the "Your Freedom" Government run website for suggesting laws to scrap: here and here) will cause the Digital Economy Act to be scrapped.
Aside from public pressure, there is also a possible review in the Lords so there are a few chinks of light in the sky.
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Next you'll be telling me draconian drugs laws could create multi-billion-dollar black-market economies that could turn streets into war zones, corrupt law enforcement, and actually bring down elected governments.
Go sell crazy somewhere else.
Even in the event that the "less than 400K subscribers" loophole doesn't manage to give people enough freedom, there's always the various darknets. And if the freedom is for copyright infringement, actual physical "sharing parties".
Really, if you don't have enough freedom to break the law, you probably don't have enough freedom. (And before the comprehension-disabled jump on me for encouraging crime, I did not imply that people should break the law --- just that they should have enough personal freedom that they could.)
I wish the people behind these anti-big-brother movements would stop calling themselves pirates. There are LOTS of good reasons to support file-sharing and a free-as-in-speech Internet, and to oppose abusive government intrusion and the commercialization of the Internet. Those who fight for this cause under the "pirate" banner are not only doing a disservice to their own cause, but to the rest of us who want a free Internet for reasons other than downloading the latest crappy summer blockbuster movie via BitTorrent.
At the very least, the word "pirate" should be avoided because that is the MAFIAA's loaded word of choice for painting file sharers as dangerous criminals. Why let your enemy frame the argument in his own terms? It's akin to the way the neocons in the U.S. frame the war debate as a question of whether or not you support the troops.
ISPs receive a safe harbor status provided they actually respond to DMCA takedown notices
To my mind, it would depend on whether the "Pirate ISP" simply handled traffic (i.e. was an access provider), or whether it provided hosting services too.
s.512 of the DMCA, and Art.14 of the eCommerce directive (European) offers protection for hosts (in Europe, the provision of services which "consist of the storage of information"), provided that the ISP takes steps to remove infringing material upon becoming aware of them. However, the corresponding protection for traffic carriage, Art.12, has no such requirement - as long as the IAP does not select the receiver of the transmission, initiate the transmission, or modify the content of the transmission, it is not liable for the traffic which it carries.
That being said, I would not be surprised to see an application of the Sharman Networks / Grokster reasoning, that there is a difference between being a mere conduit, over which parties transmit and receive information, where these acts are infringement of copyright, and promoting / encouraging copyright infringement (using these words loosely).
GPL is a clever hack of the copyright system created because people did not agree with the predominant (then) system of knowledge lockdown. Stallman has stated in the past that if he would have the power to abolish copyright, he would do so, even considering the fact that this would also kill the power that GPL depends on, because this is what GPL was created to defeat in the first place. By hacking around it.
If having any privacy is outlawed, only criminals will have privacy.
Don't fight for your country, if your country does not fight for you.
The "Pirate" movement has distanced itself from the "I want free stuff" mentality. Their platform involves freedom, privacy and individual rights, and many "pirates" that have actually thought about the issues do support their artists. The Pirate movement is using the word "pirate" specifically in an attempt to reclaim the word, which is currently used as a propaganda term by the copyright lobby in an attempt to link downloading to stealing ships, and associate it with freedom, privacy and all that other good stuff. It's all a war of words.
Most Pirate Parties internationally are for copyright reform, not the abolition of copyright. I'm tired of the misconception. It's like saying the Australian Liberal Party is about freedom. Ha.
Disagree != mod troll.