EU Rejects Three-Strikes Legislation

Mmcd

Will this overrule eircom's plans?
http://torrentfreak.com/eu-rejects-three-strikes-legislation-for-good-090506/

The European Parliament has cast its final vote in favor of an amendment that will prevent member states from implementing three-strikes laws. Disconnecting alleged file-sharers based on evidence from anti-piracy lobby groups restricts the rights and freedoms of Internet users, according to the amendment.

For the fifth time in a year the European Parliament has spoken out against tougher anti-piracy legislation that would allow alleged file-sharers to be disconnected from the Internet, based on evidence provided by anti-piracy lobby groups. Instead, they chose to protect the fundamental rights and freedoms of Internet users.
In a vote earlier today, 407 Members of Parliament voted in favor of the amendment (138/46) while only 57 were opposed. After a bureaucratic pinball game with several votes on the same text, the amendment of the Telecoms package is now likely to be signed into law.
This is a strong message from Europe in favor of the individual rights of Internet users and against the widely opposed HADOPI law that French President Nicolas Sarkozy hopes to pass in the near future. In April it was mistakenly voted out by the French Parliament, but this is not likely to happen twice.
The entertainment industry, including Sarkozy’s wife, has has been lobbying for tougher anti-piracy legislation for years and despite the recently adopted amendment, France can not be forced to throw their “three-strikes” law overboard. Sarkozy himself put a lot of effort into ditching the amendment, as head of the European Council he already went against the democratic vote by rejecting it.
Nevertheless, the amendment was not adopted after a few months of delay. This is a step in the right direction, and it clearly goes against Sweden’s IPRED and France’s HADOPI laws. Let’s hope this will at least prevent other member states of the EU following the lead of these two countries.

T-Square

I'm very pleased with that result.

johnciall

Mmcd wrote: »

Will this overrule eircom's plans?/

Well it'll make it illegal for them to do it, wether it'll stop them is another question all together

PogMoThoin

This agreement between Eircom and the Music Mafia is just to prevent further cases and save money as it costs ISP's a fortune to fight every time the Music Mafia send a cease and desist email. Its an out of court agreement, its not legally binding and it does not involve sharing any information. I'd doubt Eircom will ever actually cut off anyone, its a fob off. Absolutely nothing to worry about

watty

I just hope the alternative does not turn out to be ISP traffic inspection and blocking. IMO that is a worse evil than the x 3 strikes idea.

Nody

Note that the final law text still has not been agreed and it has all been sent back for rewording; hence don't let up the preassure on your EU politicans about it.

The line about Internet access being a human right was removed as well (a bit of a disapointment honestly) but the line that ISPs have the right to block certain web sites went through (so ISPs can decide to block Itunes or TPB because they have their own alternative). Hence once again keep on mailing the politicans about wanting a free internet where everyone can access all content or you will see RIAA et al take the ISPs to court to have them block TPB et al.

PogMoThoin

Nody wrote: »

Note that the final law text still has not been agreed and it has all been sent back for rewording; hence don't let up the preassure on your EU politicans about it.

The line about Internet access being a human right was removed as well (a bit of a disapointment honestly) but the line that ISPs have the right to block certain web sites went through (so ISPs can decide to block Itunes or TPB because they have their own alternative). Hence once again keep on mailing the politicans about wanting a free internet where everyone can access all content or you will see RIAA et al take the ISPs to court to have them block TPB et al.

Isp's here will be blocking the RTE iPlayer soon, see here

Fresh Pots

FFS Is it not enough that they get everyone who owns a tv, seems a bit petty to be going after someone who owns a ps3 or mobile phone.

everdead.ie

The european parliment has no actual power and they normally just debate stuff but they have no power to make this law it has to go to the european commission i think.

corcaigh07

could someone tell me what's actually legal and illegal under eircom's 3-strike rule? would things off megaupload, rapidshare etc be frowned upon?

jor el

That's not a question for this thread. There's a thread for discussing eircom's policy, but do not ask what you can and cannot get away with.

corcaigh07

alright cheers, havent seen it yet nor is there anything on the eircom website....

Mmcd

http://www.siliconrepublic.com/news/article/13175/

Eircom/IRMA ‘three strikes’ deal rocked by French court ruling

11.06.2009
The ability of the Big Four music labels in Ireland – Universal, Warner, Sony and EMI – to prosecute Irish internet service providers (ISPs) via the ‘three strikes’ settlement they reached with Eircom in January has been undermined by a French court, which declared such measures in France as ‘unconstitutional.’

A decision by a French court yesterday declared a ‘three strikes’ law against music piracy as unconstitutional. This, telecoms and legal experts say, will undermine the Big Four’s representative body Irish Recorded Music Association’s (IRMA) attempts to get Irish ISPs to implement a ‘three strikes’ policy.

In January, as part of an out-of-court settlement with IRMA, Eircom agreed to implement a ‘three strikes and you’re out’ policy against illegal peer-to-peer (P2P) downloaders.

It also agreed to work with data provided by the Big Four labels to help them pinpoint and pursue illegal downloaders and uploaders. The ruling set a precedent and it was expected that all other ISPs in the Irish market would be compelled to co-operate with the music industry.

A month ago, the French Parliament passed the HADOPI legislation that introduced draconian measures to combat music piracy, including a ‘three strikes’ regime for persistent copyright infringers that would eventually result in the perpetrator losing their internet connection. The new law would also make it possible to block sites such as The Pirate Bay.

However, yesterday, the French Constitutional Court deemed the HADOPI legislation unconstitutional.

The HADOPI legislation, it ruled, goes directly against a decision in the European Parliament – Amendment 138 – whereby disconnecting alleged copyright infringers would violate the fundamental rights and freedoms of internet users.

Instead, the entertainment industry is only allowed to send copyright infringement warnings, and people can only lose their internet connections if a court rules that illegal file sharing actually took place.

In Ireland, in recent months, ISPs have received legal letters from IRMA’s solicitors asking them to follow Eircom or face legal action.

“The ruling by the French Constitutional Court undermines IRMA’s attempt to get other ISPs to come aboard,” said TJ McIntyre of Digital Rights Ireland.

McIntyre said the settlement between Eircom and IRMA was effectively a private agreement and did not constitute a legal precedent because it did not involve a court ruling.

“The judgement in France makes it harder for the music industry here to force the ‘three strikes’ rule on Irish ISPs.”

A spokesman for a number of Irish telecoms operators told siliconrepublic.com: “The French Constitutional Court overturned the HADOPI legislation on the basis of human rights and freedom of expression and referred to a decision of the European Parliament.

“This now calls into question the agreement between Eircom and music rights holders regarding the ‘three strikes’ rule and whether it is indeed constitutional to execute.

“The music industry and Eircom would need a court order to suspend a user’s internet connection.”

Ironically, as the European Parliament votes on a potential reform of the European telecoms regulatory environment tomorrow, Amendment 138 will also be voted on.

Amendment 138 states: “Measures taken regarding end-users' access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, including in relation to privacy, freedom of expression and access to information and the right to a judgment by an independent and impartial tribunal established by law and acting in respect of due process in accordance with Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

More against it - does anyone know if they eircom tried to disconnect anyone yet?

T-Square

Has this thread been completed elsewhere?

I'd be interested in knowing if Eircom/BT are sending out warning letters too.