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[ga] FYI, Are more IPC/RIAA ofacing increasing legal challanges: UK ISPs Want Copyright Holders to Pay if Users Sue

  • To: ALAC <alac@xxxxxxxxxxxxxxxxxxxxxxx>
  • Subject: [ga] FYI, Are more IPC/RIAA ofacing increasing legal challanges: UK ISPs Want Copyright Holders to Pay if Users Sue
  • From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
  • Date: Fri, 15 Feb 2008 01:24:48 -0800

All,

Don't Believe in Imaginary Property writes "After the recent draft
legislation in the UK, which would create a 'three strikes' policy to
cut off anyone accused of online piracy, the
http://www.theregister.co.uk/2008/02/12/anti_filesharing_paper_leak/
ISPs are asking for liability protection when users are wrongly
identified. They're worried that when users are wrongly blamed for
piracy, as has happened in several widely-reported investigations
already, they will turn around and sue their ISP. The ISPs, of course,
think that the record companies or whoever else wrongly identified
the file sharers should be the ones to pay out any such judgments.
The British Phonographic Industry, however, disagrees and wants
the ISPs to simply use their Terms of Service to disconnect people.
Apparently, that means they think that the ToS should be able to
remove any legal recourse people might otherwise have against
being misidentified.

My notes:  I believe the RIAA is facing a significant challenge
here yet again.  ToS's will not be held legally ethical and are not
practical in addressing this sort of situation in many countries
and doubtful even in the UK.  It seems clear that certain elements
within ICANN's IPC are creating disruption and uncertantity which
has huge long term negitive effects on world wide IT sector economics.
My guess is that the RIAA is changing it's focus to the UK and other
EU nations as it has already lost significant creditability in the US
due to significant and high profile legal defeats which are still
mounting..  Hence whey we have called for the revocation of the RIAA's
membership in the IPC.

Regards,

Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
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