Three strikes proposals in EU countries?
- Is anybody in COMMUNIA following the "three strikes" legislations in
France, Germany and other countries? There are links following Cory
Doctorow's article at
I take the liberty to include his article in my letter, although thereby
I am building on his work and violating the "no derivatives" part of
Boing Boing's Creative Commons license. So that's one strike against me.
Andrius Kulikauskas, Minciu Sodas, http://www.ms.lt, ms@..., +370 699
European Internet sinking fast under 3-strikes proposals
Things look bad for the European Internet: "3 strikes" (the
entertainment industry's proposal for a law that requires ISPs to
disconnect whole households if one member is accused -- without evidence
or trial -- of three copyright infringements) is gaining currency.
Efforts to make 3-strikes illegal are being thwarted by the European
bureaucracy in the EC.
The Pirate Party, which holds a seat in the European Parliament,
proposed legislation that said, essentially, that no one could be
disconnected from the Internet without a fair trial. When the proposal
when to the European Commission (a group of powerful, unelected
bureaucrats who have been heavily lobbied by the entertainment
industry), they rewrote it so that disconnection can take place without
trial or other due process.
On the national level, France's Constitutional Court have approved the
latest version of the French 3-strikes rule, HADOPI, which has created a
kind of grudging, joke oversight by the courts (before your family's
Internet connection is taken away, a judge gives the order 1-2 minutes'
worth of review, and you aren't entitled to counsel and the rules of
evidence don't apply -- the NYT called it similar to "traffic court").
Under this rule, there is now a national list of French people who are
not allowed to be connected to the Internet; providing them with
connectivity is a crime.
The only bright light is that this will play very badly in the national
elections coming up in many European jurisdictions; the Swedes, in
particular, are likely to kick the hell out of the MPs who voted for
criminal sanctions for downloading and replace them with Pirate Party
candidates, Greens, and members of other parties with a liberal stance
3-Strikes For Pirates Makes European Comeback Tour