Finnish Court Orders ISP To Kick Accused File Sharers Off The Internet
from the alert-the-UN dept
Despite a recent UN report that condemns the idea of kicking people off the internet as a civil rights violation, a court in Finland has agreed with a request by the record labels to kick three accused files sharers off the internet with no notice at all. This isn't three strikes. It's basically one-strike. Record labels accuse... court tells ISP to kick them off. I'm so sure that'll make people start buying music again.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: file sharing, finland, injunction, internet access
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Me: I am always amazed by this snarky comment. It is as if you think there needs to be some direct cause and effect, 1 to 1 connection for any action to be valid.
Sometimes, it's just a matter of what is right, regardless of the bottom line.
Now, in the meantime, if you actually read the story, you would see that the labels went to court and the court issued an injunction to disconnect the users, under existing laws in the country.
Considering that these connections were specifically responsible for a large amount of file sharing, it seems a pretty reasonable action.
Too bad you don't have another source besides torrent freak, it seems a very one sided report.
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Could this happen in the US? Under current law, probably not.
Looks to me like this is a good reason to live in the US, even if one may disagree with some of its laws (in which case they have the freedom to express their concerns at the ballot box).
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I'm almost positive that it would happen were certain entities unwilling to change involved.
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* They will not drive people back to purchasing music.
* They will not make the business of selling plastic discs obscenely profitable again.
* They will not fix the the tarnished reputation of the **AA's, which are in dire need of repair.
* They squander the **AA's cash pool in a missguided attempt to turn time back to when they did nothing but let the millions roll in, which in turn limits the **AA's ability to adapt to disruptive technologies/trends.
* They tie down courts that could be used to dispense actual justice.
* And they waste alot of tax payer money.
There is no 'win' in this strategy, and Mike Points that out consistantly and clearly in these posts. If there is no business sense in these actions, then why spend the money to litigate? Morality? Ethics? Ignorance?
The wise direction for a Business facing disruption by competition/technology/Shifting_Social_landscapes is to learn AND adapt. Whinning, pouting, and treating your actual customers like criminals is a fasttrack to the end of your business.
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I don't think that kicking someone off of the internet is right. You can't kill anyone with an internet.
I also don't think that a well funded special interest group lobbying to change laws to favor them and then using the laws to punish citizens is right.
I do understand that you accept copyright as right, and you disagree, and that's really fine. But when a business begins to pursue judgments against people, not to make money, but out of some subjective notion of right and wrong, I think that's far more dangerous than piracy.
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Doubt?
It is an actual crime to make false claims on works in the public domain and yet you don't see any TV, club, entity or individual being prosecuted for it, where is that crap about "it's just a matter of what is right"?
Where was the prosecutors when Universal falsely claimed copyright on King Kong and sued Nintendo?
http://www.eff.org/deeplinks/2006/06/copyfraud
http://en.wikipedia.org/wiki/Copyfraud
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Not if you're a corporation.
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Sometimes, it is question of what is right, just, and legal, and not at all a question of direct bottom line results from any single action. Maybe over thousands of legal actions, over time, that the mentality of file traders as a whole, not the individuals involved will change. That might go to the bottom line, but no single action leads to direct bottom line results. Doing what is right will perhaps lead to a better bottom line, and that may be enough.
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And you keep acting like companies are doing this to defend justice, when they have no interest in doing so, that is more illogical but you still defend that unsustainable position. Sometimes is just about the bottom line and that is it, are you saying those companies don't care about the bottom line, they are there just to uphold justice and fairness and all that is good? Because when it is about that and only that people don't even pay attention to the law only when economic interests are involved that things get serious. For those companies nobody here is under any illusion that this has anything to do with right, just and legal, everybody knows is about the bottom line and trying to improve it.
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And as others already pointed out to you, this is clearly not one of those cases.
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Well if by file traders you mean caring, sharing people we are pissed, but somehow I doubt that is the answer you are looking for.
Speaking for myself I'm so pissed that I'm not buying, supporting or consuming that crap anymore, I found legal alternatives that if not on the same level (technically or artistically) are still free as in freedom to use, modify and distribute, to all content owners that believe they are entitled to anything a say "F. You!".
More I do transmit movies and music to cellphones(my wife and some friends) and if I ever get caught and am brought to "justice" the first thing I will file is a "copyright misuse" claim(Lasercomb America, Inc. v. Reynolds), if that doesn't work I will file the F.U. Form and sent it to the judge and plaintiffs.
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Kicking people off the internet on the basis of mere accusations by some company is neither right nor just.
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Ah, blindly accepting the word of record labels, who have been shown to have identified the wrong people many times with their flimsy "evidence". I'm not surprised you want corporate desires attended to before any form of real justice in a court of law. I only wish the "pirates" had your IP address and the addresses of those like you so that you could experience your idea of "justice" based on nothing more than an accusation...
"Too bad you don't have another source besides torrent freak, it seems a very one sided report."
Feel free to provide what you consider to be an "unbiased" source. Sadly, there seem to be few other sources outside of Finland reporting this.
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And, sometimes, it's just a matter of what is wrong, like punishing people on the basis of mere accusations.
Now, in the meantime, if you actually read the story, you would see that the labels went to court and the court issued an injunction to disconnect the users, under existing laws in the country.
If you actually read the article above, that's what it basically says. So why are you pretending otherwise?
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What would be right would be not to have copyright laws in the first place - then these issues would never arise.
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Geez, Mike, you've already convinced me that file-sharing is suspect.
Look, it's EASY to spot file sharing on any scale by simply analyzing data packets. When that's /egregious/ (pick your own point), it's not only EASY to stop but almost required so long as copyright exists -- and I'm for that under 1960's terms -- sothink /this/ reasonable and that most people would find it so and agree with the decision.
Yet, as already snarked above, all you've got in response is a little ankle-biter yip when you're blatantly wrong on how events will turn out, some sort of Pollyanna outlook that doesn't serve we reasonable people well.
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Re: Geez, Mike, you've already convinced me that file-sharing is suspect.
You've just pissed off a multitude of videogamers with your inane thought process.
Warcraft
DnDOnline
Nexus Gaming
Mabinogi Players
Steam and the 74+ MILLION gamers around the world.
And guess what, they're not infringing. They just want to play a game in peace.
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Re: Re: Geez, Mike, you've already convinced me that file-sharing is suspect.
All non-infringing.
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Re: Re: Re: Re: Geez, Mike, you've already convinced me that file-sharing is suspect.
That was burdensome on the server.
THE VERY REASON that bit torrent was invented was to distribute the burden. If you don't like that resource hogging torrent process, then stop it after you have completed your download.
Free and open source projects don't all have sponsored high bandwidth servers. That's the reason for bit torrent.
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The content maffia calls the judge. The judge orders the ISP to disconnect. No trial. No contest of evidence. Nothing. Just the way they like it in North Korea.
And judging by the RIAA lap dog's reaction here (AC). Just the way he likes it too.
The Finnish Pirate Party has made a statement.
http://www.piraattipuolue.fi/
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This f'ing asymmetric law enforcement BS is just unbelievable.
IP laws actually take away the people's right to have their grievances heard.
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You left out the word "alleged" in front of "infringers".
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[citation needed]
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"Where was the prosecutors when Universal falsely claimed copyright on King Kong and sued Nintendo?"
What criminal statute do you believe was violated and why?
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Source:
http://www.copyright.gov/title17/92chap5.html#506
I want to see prosecutors go after those people who keep putting false copyright claims in everything and charge those people $2500 for each and every false notice they issued.
http://www.publicdomainsherpa.com/false-copyright-claims.html
But that is not going to happen is it?
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That have two problems:
1. $2500 dollars is laughable for any company, so they just will keep doing it until the end of times, why can't people put percent of earnings to make equitable laws that will have the same effect if you are poor or rich? We all learn math in schools early on and the first thing you learn is fractions, even cooks know how to use those, but congress apparently was never in school.
2. Is criminal, meaning no person can start a proceeding only the state on behalf of people, which is to say never, apparently since no one case ever was filled against anyone anywhere, but the law is there.
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http://en.wikipedia.org/wiki/Lasercomb_Am.,_Inc._v._R eynolds
Maybe people should start filling Copyright Misuse defenses against copyright absurds.
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"Under common law, three elements are required to prove fraud: a material false statement made with an intent to deceive (scienter), a victim’s reliance on the statement and damages."
While fraud and fraudulent intent are not interchangeable as legal terms, the core act seems to be a knowingly false statement calculated to deceive. It's unlikely that any General Counsel would ever put his company in such a position. So again, having a copyright claim thrown out is not in and of itself evidence of fraud or fraudulent intent.
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Because they said in another trial that King Kong was in the public domain.
If that doesn't prove knowledge and intent to defraud I don't know what does.
Also, many people know they were they are getting things, if it is from the public domain you know where it came from, but never the less they still put a copyright noticed on everything is that not fraud?
Are broadcasters not aware of their rights and limitations?
They have legal teams just for that and you are trying to say they didn't know things weren't copyrightable?
These are not individuals with little to no money, we are talking big business with entire legal teams whith the sole purpose of "clearing" things and they still claim copyright on everything even if they don't own it, knowingly, are you saying those legal teams are not aware of what is in the public domain or not?
If there were uncertainties would it not be prudent to not put any copyright notice since it is a "CRIME"?
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I see people stretching the law to make it fit views, but I don't see them trying to enforce all the laws just some the convenient ones apparently.
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So The pirate bay has not have more than 3 strikes yet ?
You would think that even Mike would be able to understand that a court issued INJUNCTION, is a very long way from just being 'ACCUSED'.
And it might well be 3 strikes,
first song,,, first strike
Second song./. strike two
Third Song.... Your OUT!!!
So what did they have ?
CIAPC discovered five Internet connections which were making available thousands of music tracks on file-sharing networks.
How many strikes has "THE PIRATE BAY" allready had again ?
Alot more than 3, get over it mike,
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Re: So The pirate bay has not have more than 3 strikes yet ?
.Torrent does not yet equal .crime.
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Why is it that people like you are so dead set against due process, fair trials and actually going after the ones who commit the crimes rather than the easy targets?
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TPB doesn't do that, you lying sack of industry shill.
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.keep .up .with .the .story .dirtbag
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I make hundreds of files available from my internet connection, my wife have access to our entire music library legally purchased with her phone, are you saying that is illegal?
God I'm a pirate.
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Re: So The pirate bay has not have more than 3 strikes yet ?
Yes, it's known as punishing the innocent. Being punished is indeed quite far from just being accused and shouldn't happen until after a finding of guilt.
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http://en.wikipedia.org/wiki/Lasercomb_Am.,_Inc._v._Reynolds
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and thank God, Lord Mandelson, and the british PM's for the DEA ... No more brits on the internet !!!
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re: "Look, it's EASY to spot file sharing on any scale by simply analyzing data packets."
You're probably correct - today.
But you can be sure that tomorrow's piracy will be encrypted and obfuscated and deliberately designed to be indistinguishable from legitimate traffic.
Tomorrow's war on copyright infringement WILL result in collateral damage, and worse than what we see today. Just how much damage do you regard as acceptable?
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Re: re: "Look, it's EASY to spot file sharing on any scale by simply analyzing data packets."
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Finland?!
http://www.bbc.co.uk/news/10461048
Also:
"We will have a policy where operators will send letters to illegal file-sharers but we are not planning on cutting off access," said Ms Linden.
What happened?
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What happened
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