Hollywood Says Due Process Is Too Damn Slow

from the yeah,-that'll-work dept

Apparently, a New Zealand anti-copyright group controlled by the Hollywood movie studios is upset that a new three strikes proposal includes the ability to have a tribunal review a case from a user who feels wrongly accused. The Federation Against Copyright Theft (FACT) is worried that everyone accused of infringing will file for such a review, and it will clog up the system. Yes, due process is apparently too messy for the Hollywood studios. It would prefer a system where arbiters are able to process review requests in bulk. Because nothing says a fair and full hearing of your rights like a guy rushing to get through a batch of such complaints in a single process... I'm amazed that the studios haven't picked up on the French plan of giving judges only five minutes to review any such appeal.

Filed Under: copyright, due process, new zealand, three strikes
Companies: fact, mpaa

RIAA's New Policy Isn't About Deterrence, It's About Sidestepping Due Process

from the it's-for-your-own-good dept

On Friday, the RIAA announced its plan to end their campaign of suing thousands of alleged downloaders; instead, it has negotiated with ISPs to disconnect subscribers who the RIAA identify as repeat infringers. From what little is known about the system, ISPs would pass along warning emails to the customers the RIAA claims are downloading copyrighted material. Following 2-3 warnings, subscribers would have their connection terminated.

Speaking to CNET on Friday, RIAA President Cary Sherman said that the tactical change was an attempt to deter would-be infringers. "The idea is to create deterrents. This deters people from engaging in illegal behavior." This is either misleading or mistaken, if the claim is that warning emails and the threat of having to switch ISPs is more of a deterrent than an incredibly expensive lawsuit. Unless the RIAA can convince ISPs to flood their subscribers with warning emails early and often, more people are likely to hear about the end of lawsuits and stop fearing potentially costly litigation or settlement.

The more likely reason for the change in approach is that the RIAA recognizes that the lawsuit approach has been an abject failure. Not only does it alienate fans, it is costly and rests on shoddy legal theories. As courts have begun to realize that IP addresses aren't solid evidence and that "making available" doesn't constitute infringement, the RIAA has been forced to realize that their goals don't align with thoughtful justice. So, what's a dying industry to do? Obviously, cut out those pesky judges and their principles of due process. Although Cary Sherman insists the wrongly accused will "have a place to go and make their complaint," the lack of specificity is as worrying as the RIAA's previous mistakes concerning their lawsuits.

Filed Under: due process, lawsuits, riaa
Companies: riaa

Is A Conviction Constitutional If It's Based On Evidence From An Unconstitutional Search?

from the buttle-or-tuttle? dept

In a case where the legal implications should thrill any fans of Terry Gilliam's movie classic Brazil, the Supreme Court is set to examine if it's constitutional to convict someone, based on evidence that was only collected due to bad data in a government database. There's no question that a search of someone due to bad data in a database is unconstitutional, but the question is whether or not what's found in that search can then be used to charge someone. In this case, a bad (obsolete) database entry in a county database resulted in the search of an individual's car, where drugs and a firearm were found. This resulted in a conviction and jail time, but the search itself wasn't constitutional, because the data was incorrect. The appeals court let the conviction stand, oddly arguing that throwing out the conviction wouldn't put much pressure on governments to keep their data clean. The court also argues that anyone convicted as a result of such bad data, should simply file a separate, civil, lawsuit against the government. Of course, it seems like the bigger issue should simply be on the constitutionality of using any unconstitutionally obtained evidence in a lawsuit.

Filed Under: constitution, convictions, database errors, due process, supreme court