CyberLaw Blog

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September 17th, 2008

Danish ISPs Reject Anti-Piracy Proposals

Post from: TorrentFreak

Danish ISPs Reject Anti-Piracy Proposals: “

Danish ISPs have rejected proposals from the IFPI for a ‘3-strikes and you’re out’ policy to deal with illicit file-sharers. In a joint statement, the telecoms companies said that they would not be a part of ‘detection and monitoring’ activities and that the solution to piracy should come from elsewhere.

ifpiEfforts to reach a voluntary agreement between the IFPI and ISPs in Denmark on the issue of unauthorized file-sharing have failed. The telecoms companies have completely rejected the demands of the music industry.

The IFPI wanted to be able to hunt down file-sharers, report them to their ISP and have them implement a so-called ‘3 strikes’ policy. They proposed that the first time someone got caught sharing copyrighted files, they would receive a warning from the ISP, the second time they would have their Internet connection slowed down. After a third warning, or strike, the user would be disconnected from his ISP and banished from the Internet.

ISPs in the UK recently reached an agreement with the IFPI to send out warnings to alleged file-sharers, but rejected any further sanctions against their customers such as speed capping or disconnection. However, according to a Comon report, the Danish ISPs have rejected the proposals completely. They say they will not take part in ‘detection and monitoring activities’ and believe that the proposals would constitute a contravention of the law, and would upset the balance between the interests of the individual and economic interests.

‘The Internet must be protected as a credible media, where each citizen can feel comfortable with the certainty that he will be on an equal footing with other media, such as confidentiality of correspondence in the mail, etc,’ said the statement. ‘The proposals that have been seen by others in the European debate, which have also been raised in Denmark – for example, to disconnect users or deny users Internet access – will counteract this objective, and is in no way proportionate to the situation.’

President of the Telecommunications Industry Association Jens Ottosen says the plan presented by the IFPI to the Ministry of Culture has a number of serious weaknesses. He believes that the rights holders cannot accurately identify people who are engaged in unauthorized file-sharing. Among other things, the IFPI model of warning/slowing/disconnecting an IP address, NOT a person, means that even if the owner of an Internet connection did nothing wrong, they would be the one who got punished. Those who are the victim of a wireless hacking are equally vulnerable, something which the ISPs aren’t prepared to accept, and neither are the courts.

‘We are very divided,’ said Ottosen. When asked if there is a chance of reaching any type of voluntary agreement with the music industry, he added, ‘I can’t imagine.’

Thanks to Peter_Pan

(Via TorrentFreak.)

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