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European Parliament says court order required for ISP disconnection

11 May 2009 1:07 by Rich "vurbal" Fiscus | 8 comments

The European Parliament has blocked a proposal that would clear the way for internet users to be disconnected on nothing more than accusations by copyright holders. Their amendment to a proposed telecom reform directive states "No restriction may be imposed on the fundamental rights and freedoms of end users, without a prior ruling by the judicial authorities."

This language is clearly directed at legislation which lobbyists for the recording industry have been demanding for some time. In last year's Digital Music Report the IFPI (an international equivalent of the RIAA) said "In 2008 [ISP Responsibility] must become a reality."

They were referring to proposals in several countries that would force ISPs to disconnect customers who have been accused of copyright infringement via P2P network.

The legislation being considered, most notably French President Nicolas Sarkozy's 3 strikes plan, hasn't become a reality yet. But proponents of disconnecting internet service from accused copyright infringers are still trying hard to push the legislation through.

In France they have even gone so far as to suggest ISPs should be allowed to continue billing disconnected users, hoping to win support from that industry.

The debate among EU officials isn't done yet either. The MEPs' overwhelming vote to amend the proposed directive means they will attempt to reach some compromise with the Council of Ministers and European Commission.

Viviane Reding, commissioner for Information Society and Media and the EU's highest telecom official, has come out in support of Parliament's decision.

"This amendment is an important restatement of the fundamental rights of EU citizens," she said. "For many, it is of very high symbolic and political value. I call on the Council of Ministers to assess the situation very carefully."

Permalink to this article | Topic: Lawsuits & Legislation

MEPs back down on due process for disconnecting file sharers (25 October 2009)

Lawmakers join ISPs in criticism of UK 3 Strikes proposal (20 October 2009)

French presidency accused of piracy, again (10 October 2009)

European electronics websites 'breaking consumer protection laws' (13 September 2009)

'Three strikes' law is back in France (10 July 2009)

Jammie Thomas can possibly use bankruptcy to get out of RIAA debt (20 June 2009)

RIAA needs to be disbanded, says Moby (20 June 2009)

UK pirates are hurting economy, says SABIP (29 May 2009)

RIAA lawyers oppose Jammie Thomas getting time to find a lawyer (19 May 2009)

'Three strikes' law passes in France (12 May 2009)

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Discuss this article!
blueboy09 (Newbie) 11 May 2009 2:27
When will these politicians ever learn? Never mix tech with politics! I call BS on this one! [ + quote]
gnovak1 (Junior Member) 11 May 2009 10:02
"In France they have even gone so far as to suggest ISPs should be allowed to continue billing disconnected users, hoping to win support from that industry." Uh..this is a joke right? These people are insane. [ + quote]
joe777 (Member) 11 May 2009 22:22
Another bone of contention is that the tracking companies will not allow their software to be scrutinised, so how does anyone know that the software/methods used to track you are 100%. Its a complete joke. I took a dvd to my friends house tonight, where the general public WERE invited. Try and trace that then!!!! Sharing for profit is wrong, but non comercial sharing (in my humble opinion) is right. [ + quote]
cart0181 (Junior Member) 11 May 2009 23:04
*Originally posted by gnovak1:* "In France they have even gone so far as to suggest ISPs should be allowed to continue billing disconnected users, hoping to win support from that industry." Uh..this is a joke right? These people are insane. People shouldn't be afraid of their governments. Governments should be afraid of their people. It is guaranteed a policy like this would never work in practice. [ + quote]
cousinkix (Newbie) 12 May 2009 3:23
Right on for the European Parliament. The music mafia has accused people of being thieves for many years without even having to prove it. They have engaged in criminal activity too. The RIAA mafia also files lawsuits against radio stations that stream their own copyrighted talk shows on the internet. No need to even play their crappy music. The mob will demand a kickback any way. Ask the owner of KSCO 1080 AM if you don't believe it. Meanwhile, the RIAA's GESTAPO agents couldn't drive across the same town and bust an illegal pirate FM station, which has used their music for free since 1996. Lets talk about unpaid royalties for 13 years and illegal streaming for an encore... [ + quote] This message has been edited since posting. Last time this message was edited on 12 May 2009 3:28
joe777 (Member) 12 May 2009 12:45
France has just voted in their 3 strikes and your out law. Its a sad day when corps can dictate the law to the government and the people. We should all stop buying stuff from the corps. Erm.... ok after harry potter comes out in the cinema next month. Lol On a side note, when a good copy comes onto the net I will certainly download it and when it comes on the cinema I will go watch it and finally when it comes out on dvd I will buy it and store it with the rest of the potter flicks. Am I a bad person/criminal for downloading it? [ + quote]
cart0181 (Junior Member) 14 May 2009 23:03
*Originally posted by joe777:* Erm.... ok after harry potter comes out in the cinema next month. Lol On a side note, when a good copy comes onto the net I will certainly download it and when it comes on the cinema I will go watch it and finally when it comes out on dvd I will buy it and store it with the rest of the potter flicks. Am I a bad person/criminal for downloading it? Whenever a big release I've been waiting for hits the theaters the process for me is very similar to yours. The main exception is that I don't download it FIRST. For me, it would ruin the in-theater experience if I had already seen the film. Maybe, after I had seen the movie in theaters, and I wanted to see it again at HOME this time, I would download it at that point. That was the case for me after I saw Iron Man last summer. I seriously considered downloading it, and I would have, but I just never got around to it. Finally, I ended up getting the movie on DVD as a Christmas present. Sometimes, I will go see a movie in theaters more than once, paying each time, then later rent, then later purchase the DVD, then the Director's Cut, then perhaps the Blu-Ray. In the case of the Lord of the Rings Trilogy, that's exactly what I did. That's not to mention the memorabilia! Imagine the revenue that generated! I, for one, certainly don't think you're a bad person if you choose to download a movie at ANY point in the release process. Of course, you may be a criminal by definition. Hopefully someday soon the studios will realize that if they create quality content, there will always be hordes of people willing to pay for it. [ + quote]
met571 (Newbie) 15 May 2009 9:40
The only way to get over this problem is to charge a fee.. But as usual every one wants to charge over inflated prices.. That is why everything in this world and the internet is a mess Charge a small fee may be in the cinema or on line which entitles you to download only if you have paid to view Music to me is different matter its just out of control �. These fools who keep trying to rock the boat only do it thinking about lining there own pockets Greed�.. Think positive if you take the right to upload and down ISP providers would suffer For gods sake open your eyes �. [ + quote]