A provision which would require a judicial order before the government could have someone’s internet account shut off has been removed from the Telecoms Package being negotiated between European Parliament and the European Council.
The amendment, approved overwhelmingly earlier this year by MEPs, said “No restriction may be imposed on the fundamental rights and freedoms of end users, without a prior ruling by the judicial authorities … save when public security is threatened.”
It would have called into question the legality of laws promoted by the recording industry as the solution to illegal file sharing. Record labels favor laws which allow them to punish alleged copyright infringement without being required to prove their charges in court first.
So far France has followed the industry’s blueprint very closely. Their 3 strikes law, which has been approved by both legislators, and in a revised version by the country’s top court, does now require judicial approval of internet disconnection.
But that doesn’t mean a content owner would be required to prove the person whose account is being shut down actually did anything wrong.
Some officials in the UK are also in favor of 3 strikes style legislation. Lawmakers who oppose such a plan have spoken out about the idea, saying record label losses are the result of poor business decisions and the public shouldn’t be punished.
ISPs are opposed for more practical reasons. They complain that hackers and WiFi networks with easily broken encryption make reliably identifying illegal file sharers impossible.
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The judge who presided over the now infamous Pirate Bay trial was not biased according to a ruling from Sweden’s Court of Appeals.
Defense lawyers alleged Judge Tomas Norstrom’s membership in multiple organizations which advocate increasing the scope of copyright law should have disqualified him from hearing the Pirate Bay case. Although they were critical of Norstrom for failing to disclose these associations earlier, appellate court judges disagreed that there was any bias.
“We have reached the conclusion that we do not agree with the conflict of interest claim,” said appeals court judge Anders Eka.
Christian Engström of the Pirate Party, who was recently elected to represent Sweden in the European Parliament, was critical of the decision. He said “This is part of a pattern. It show that the Swedish legal system is no longer to be trusted when it comes to copyright cases. It’s a travesty of justice quite simply.”
An appeal of the guilty verdict is still ongoing, but it may be years before a final decision is reached.
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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.
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