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 New Three Strikes Plan against piracy in the States

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thegreatest
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PostSubject: New Three Strikes Plan against piracy in the States   Sat Jun 25, 2011 7:46 pm

Looks like I won't be downloading anything after next month. shout

http://www.dslreports.com/shownews/ATT-Comcast-Part-Of-RIAAs-New-3-Strikes-Plan-100498

help
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Sun Jun 26, 2011 10:50 am

They tried that in France and I believe it was overturned as it infringes on people's right to privacy.
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Sun Jun 26, 2011 10:52 am

Well they have less than a month to over turn it or I guess I'm out of luck. It doesn't look like it will be though. I think it's going to happen cry
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Sun Jun 26, 2011 2:38 pm

thegreatest wrote:
Well they have less than a month to over turn it or I guess I'm out of luck. It doesn't look like it will be though. I think it's going to happen cry
Hasn't the American people on mass complained about this as it is in clear breach of your consitution and rights?
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Mon Jun 27, 2011 3:16 am

Concerning us, we have the law HADOPI. This law is effectively unconstitutional. And all the world continues gaily to download. It does not prevent that it cost us millions of euro for nothing. angry 1
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Mon Jun 27, 2011 12:19 pm

So what exactly does is this article saying???
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Mon Jun 27, 2011 1:36 pm

It can be interpreted as being unconstitutional but the Supreme Court could always rule that it is constitutional since it is sort of a grey area.

And the article is saying, or at least from what I've gathered, ISP's are going to track how much you download and assume you are downloading pirated movies, music, etc. and send you a letter, or a strike, in the mail saying they caught you. Apparently if you get three you have to go to an anti piracy class and I'm not sure about fines or anything else.
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Mon Jun 27, 2011 2:19 pm

How the hell can you be prosecuted on an assumption though
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Mon Jun 27, 2011 4:35 pm

Room to argue.. ISP can't say what you are downloading, they have no idea whats in the packets same as uploading. They can guess but it is the right to prove gulit not assume it and jail without the proof.

So all those Americans who up and down artistic creations and photographers are going to be recieving alot of letters for the wrong thing. Or even those legitamely downloading stuff from paid sites like itunes etc. The traffic data doesn't go not me I'ma apple paid for item as it zips through the lines.

This is going to turn nasty. And arent the copyright laws different in many states?
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Tue Jun 28, 2011 12:53 pm

Copyright laws are federal and if you can't prove you paid for what you are downloading or that it isn't copy right infringement then you will be prosecuted.

They aren't going to take it to court until it can be proven but the investigation will be started on assumption. You would be asked to prove what you downloaded is legitimate or it will be deemed piracy.
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Tue Jun 28, 2011 12:58 pm

Surely though there is gonna be millions or at least hundreds of thousands who are downloading legal stuff who will show up on the ISP's radars. They will then be flagged, and have to prove what tehy were downloading was legal, this means that someone is oging to have to put together a team that deals with all the evidence coming in, what ever for it is. Which is gonna cost money, who would foot the bill for that cos i can't see the government doing it, and i doubt the ISP's are gonna wanna pay out for that!
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Tue Jun 28, 2011 2:08 pm

I agree but it is really being pushed by the government and it will probably turn into a government funded organization that does it to waste tax money. It's all a big waste of time. I'd think the majority of the people who download pirated movies are outside of the US anyway. I don't think this is going to solve anything. People aren't going to start paying for it. They'll just stop listening to music and watching movies. No one has the money to pay $1.29 a song or $10.50 to see a movie in theaters, let alone $20 or more to buy it.
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Tue Jun 28, 2011 2:54 pm

These guys will be fighting for you!!!!

http://www.eff.org/effector/24/22
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Tue Jun 28, 2011 4:57 pm

thegreatest wrote:
Copyright laws are federal and if you can't prove you paid for what you are downloading or that it isn't copy right infringement then you will be prosecuted.

They aren't going to take it to court until it can be proven but the investigation will be started on assumption. You would be asked to prove what you downloaded is legitimate or it will be deemed piracy.
That onus of proof must lay in the suspected persons, that ISP named, hardrive. Any person with a wifi connection has a chance that somebody else is using their connection to download items. The only thing that the owner of that wifi can be charged with if there is no incriminating evidence on the hardrive/computer is stupidity for not securing their connection.

Then there is also the possiblity of that persons computer being controlled via hacking. zombie computers malware virus worms etc that have taken control over the computer and its resources are being used for illegal acts.

It all comes down to the storage of that alledged piracy. If the hardrives are clean of such evidence then the chance of gaining a conviction fails flat on its face.

No evidence to back up the alleged traffic usage- no crime. Also the defence can argue of breach of privacy and that the alleged traffic does not necessarily mean that piracy is being preformed.

Emails, pictures, windows downloads, virus updates, genuine downloads, as well as uploads and storage of such things all eat into traffic and packet data.

All the bloodhounds have to go on in the frequency and amount allegedly downloaded and size of the alledged infringment. That infringement must be proved beyond reasonable doubt that it is a pirated copy of Dummies guide to wasting money the Governemental way.

From a data string via the ISP it cant be seen what is coming or going. All there is, is traffic and frequency and amount used over a given day.

If you have unlimted access then you can engage in unliminted amounts.


Anyone onthe wrong end of this the first line of defence and appeal of 3 strikes, has to be invsion of privacy, breach of contract on usage, force the other side to prove exactly what they alleged you have downloaded illegally.

Big can of worms is going to be opening and a lot of egg on face too.
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Wed Jun 29, 2011 10:10 am

The problem with that is the U.S. law enforcement, whether police or federal, will blame you if it is on your property. For example, if there is a drug bust at your house and you aren't even home you are also prosecuted for it since it was your house. Just like in this case if someone was on your computer downloading pirated movies, hacking you computer, or stealing your wifi you would be prosecuted because it was done using your equipment.

The only way to get out of it would be to have a proof of purchase for something the size of what you have been downloading or else you will go down for downloading pirated items even if it wasn't you.

This is why I don't think it will be passed or at least hope they're smart enough not to pass it. It's going to bring all kinds of lawsuits and honestly it's not worth it. Not even close.
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PostSubject: Re: New Three Strikes Plan against piracy in the States   Mon Jul 11, 2011 2:31 pm

US copyright holders and internet providers agree voluntary website blocking agreement


Internet service providers (ISPs) in the US will introduce measures to combat online copyright infringement under a new voluntary system agreed with copyright owners.

Leaders of five US ISPs have signed up to the new framework, the companies said an announcement made jointly with film, TV and music industry bosses.

The Copyright Alert System details the stages of action ISPs will take when users of their service are suspected of infringing copyright.

In their statement the parties said that suspected infringers could be issued with up to six early electronic alerts notifying them that their account had been used to breach copyright laws. Repeat offenders will face "mitigation measures" restricting their behaviour, the statement said.

Those measures could include slowing down a repeat offender's internet service or blocking website browsing, a report by the New York Times said.

The Copyright Alert System does not outline measures for disconnecting persistent offenders from the internet, the parties' statement said. Under the agreement ISPs will not pass over details of their customers to copyright owners, it said.

AT&T, Cablevision Systems Corp, Comcast Corp, Time Warner Cable, and Verizon are the ISPs that have signed up to the voluntary agreement.

The agreement is a "fresh approach" to tackling online copyright theft, a representative of the US music industry said.

“This groundbreaking agreement ushers in a new day and a fresh approach to addressing the digital theft of copyrighted works,” Cary Sherman, President of the Recording Industry Association of America (RIAA), said in the joint statement.

“We hope that it signals a new era in which all of us in the technology and entertainment value chain work collaboratively to make the internet a more safe and legal experience for users," Sherman said.

The agreement was also backed by film industry representatives.

“Many people don’t realize that content theft puts jobs – and future productions of films, TV shows, music, and other content – at risk,” Michael O’Leary, Executive Vice President for Government Relations at the Motion Picture Association of America, Inc. (MPAA) said in the statement.

“This agreement will help direct consumers to legal platforms rather than illicit sites, which often funnel profits to criminals rather than the artists and technicians whose hard work makes movies, television, and music possible,” O'Leary said.

The agreement will ensure innocent internet account holders are identified, the statement said.

"The Copyright Alert System is based on a consumer’s 'right to know' when his or her Internet account may have been used improperly to download copyrighted content," the statement said.

"Often, subscribers – particularly parents or caregivers – are not aware that their Internet accounts are being used for online content theft," the statement said.

"Other subscribers may be unaware that downloading copyrighted content from illicit sources is illegal and violates their ISP’s Terms of Service or other published policies. Data suggest that, once informed about the alleged content theft and its possible consequences, most internet subscribers will quickly take steps to ensure that the theft doesn’t happen again," the statement said.

Under the news system internet users can contest whether their online activity is lawful or if their account was wrongly identified as part of an independent review, the statement said.

“Consumers have a right to know if their broadband account is being used for illegal online content theft, or if their own online activity infringes on copyright rules – inadvertently or otherwise – so that they can correct that activity,” James Assey, Executive Vice President of the National Cable & Telecommunications Association (NCTA), said in the statement.

“We are confident that, once informed that content theft is taking place on their accounts, the great majority of broadband subscribers will take steps to stop it," Assey said.

The agreement was backed by the US Government.

In the UK a group representing copyright owners has recommended that a voluntary code should be introduced to tackle online copyright infringement.

In leaked documents the Rightsholder Group said that the code should include plans for an "expert body" to decide if websites that host copyright-infringing material should be blocked.

Under the plans copyright owners would identify websites they believe are infringing their copyright and an "expert body" would then decide whether to recommend that a court issues an injunction banning the site from hosting infringing material, according to the documents.

Internet service providers (ISPs) that sign-up to the code will then block access to the sites, the documents said.

BT, the UK's largest ISP, was said not to be keen on the proposals, according to news reports.
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