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'Three strikes' law shut down in Germany

Written by Andre Yoskowitz (Google+) @ 03 Feb 2009 11:58 User comments (10)

The three strikes law would force ISPs to give two warnings to suspected unauthorized file sharers and then shut down their Internet connection on the 'third strike.'

The German Department of Justice has met with German ISPs and one clear conclusion was made: Three Strikes laws are "incompatible with German pirvacy and telecommunications laws."

In response, the IFPI said Germany would possibly face a competitive disadvantage against other countries that are still debating enacting the laws.

Germany's Secretary of Justice Brigitte Zypries added:

"I don't think that (Three Strikes) is a fitting model for Germany or even Europe. Preventing someone from accessing the Internet seems like a completely unreasonable punishment to me. It would be highly problematic due to both constitutional and political aspects. I'm sure that once the first disconnects are going to happen in France, we will be hearing the outcry all the way to Berlin."

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10 user comments

13.2.2009 12:45

I am shocked that this didn't go through, maybe in a few more years the pirvacy and telecommunications laws will be changed to allow it.

I mean that's how things go anyway.

23.2.2009 14:36

but they obviously arent going that way. the mpaa, riaa, and ifpi are trying to force this, but when the backlash of consumers hit, they will all fail. no laws will stick, and if a company deals with them by choice they will fail as well.

This message has been edited since its posting. Latest edit was made on 03 Feb 2009 @ 14:37

33.2.2009 14:58

and more importantly if your caught drink driving 3 times you cannot drive a car for the rest of your life. Ah to hell with it if your caught 3 times drink driving you can never get in a car again.
If your disconnected from the net then you can never look at a computer or a screen again.
Ah lets go crazy, if your caught 3 times infringing on the net you will be shot!!!!!!!
But if the agency responsible for collecting info is wrong 3 times then what???
Suggestions here please.......................

43.2.2009 15:01

Originally posted by joe777:
and more importantly if your caught drink driving 3 times you cannot drive a car for the rest of your life. Ah to hell with it if your caught 3 times drink driving you can never get in a car again.
If your disconnected from the net then you can never look at a computer or a screen again.
Ah lets go crazy, if your caught 3 times infringing on the net you will be shot!!!!!!!
But if the agency responsible for collecting info is wrong 3 times then what???
Suggestions here please.......................

The US should have the 3 strikes no more car rule, I am sorry if you can not drink responsibly you should not be allowed a car or weapon.

53.2.2009 16:23

Originally posted by ZippyDSM:
Originally posted by joe777:
and more importantly if your caught drink driving 3 times you cannot drive a car for the rest of your life. Ah to hell with it if your caught 3 times drink driving you can never get in a car again.
If your disconnected from the net then you can never look at a computer or a screen again.
Ah lets go crazy, if your caught 3 times infringing on the net you will be shot!!!!!!!
But if the agency responsible for collecting info is wrong 3 times then what???
Suggestions here please.......................

The US should have the 3 strikes no more car rule, I am sorry if you can not drink responsibly you should not be allowed a car or weapon.
Don't get me wrong zip, I am not condoning drink driving, my friend. I was meaning, out of all the important things in life, the government's have got it all wrong when it comes to what punishment for what. Their priorities are off the wall.

63.2.2009 16:26

Originally posted by joe777:
Originally posted by ZippyDSM:
Originally posted by joe777:
and more importantly if your caught drink driving 3 times you cannot drive a car for the rest of your life. Ah to hell with it if your caught 3 times drink driving you can never get in a car again.
If your disconnected from the net then you can never look at a computer or a screen again.
Ah lets go crazy, if your caught 3 times infringing on the net you will be shot!!!!!!!
But if the agency responsible for collecting info is wrong 3 times then what???
Suggestions here please.......................

The US should have the 3 strikes no more car rule, I am sorry if you can not drink responsibly you should not be allowed a car or weapon.
Don't get me wrong zip, I am not condoning drink driving, my friend. I was meaning, out of all the important things in life, the government's have got it all wrong when it comes to what punishment for what. Their priorities are off the wall.
I dunno look at the US instead of enforcing laws and ensuring people that can't drive responsibly stay off the road we enact a law that forces all drivers to have insurance, thus letting people hurt each other with cars.

But its true government dose backassward things.

Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.

---
Check out my crappy creations
http://zippydsmlee.deviantart.com/

74.2.2009 0:17

I just received my first strike letter yesterday hmm very strange

84.2.2009 10:36

where do you live and what did it say? what isp are you using.

time to switch maybe ?

94.2.2009 23:47

Originally posted by joe777:
and more importantly if your caught drink driving 3 times you cannot drive a car for the rest of your life. Ah to hell with it if your caught 3 times drink driving you can never get in a car again.
If your disconnected from the net then you can never look at a computer or a screen again.
Ah lets go crazy, if your caught 3 times infringing on the net you will be shot!!!!!!!
But if the agency responsible for collecting info is wrong 3 times then what???
Suggestions here please.......................

i second this

107.2.2009 11:05

the difference here is in how the three strikes is implimented

for a drunk driver there is a trial (or plea bargain) according to the laws of the land (using acceptable evidence and exact procedures vary according to state, province or country but it is a legal finding of guilt in the place in question)

the third time, most places have the option of implementing the three strike law for the ultimate punishment, but this option can be avoided in most instances by using the systems plea bargaining (again, very few three strike laws are mandatory)

conversely, the RIAA seems to be the initiating authority for accusations (IP 123.45.67.89 just downloaded "MyHappySong" go to it....) OR if the ISP initializes they only go by the apparent use of p2p software (high DL/UL on same IP:socket) the latter isn't even guaranteed to be p2p activity while neither can prove the actual user of the device at the time, unless maybe it happens to be Obama's Blackberry....

so we are not talking three legal convictions here but just three warnings that are mailed out??? (when did you ever think the post office always got you all your mail???)


here in the USA there is no way that will get past our due process requirement of the law.... and I suspect that most other countries have similar due process statutes (though some countries require accused prove innocence as opposed to prosecutor required to prove guilt there is still SOME PROCESS that is being thwarted via this warning crap)

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