ISP ’self-regulation’ – II
p2pnet.net News Feature:- The entertainment industry cartels and other vested interest groups are spending billions of dollars orchestrating an ongoing and expanding series of political, PR, media, `educational, legal (and not legal) campaigns aimed at regaining the power they`ve lost since people around the world started going online.
In the digital 21st century, anyone, anywhere, can communicate with anyone else, anywhere.
And this is a horror-show scenario for the Big Four record labels, the major movie studios, the principal software makes – the list runs on.
That`s because for the first time in history, where once, you relied solely on information fed to you by the offline mainstream print and electronic media, now you have blogs and other online alternative news sources to give you unspun, unvarnished reports of what`s really happening as opposed to what the corporate community, whose members rely on your dollars, want you to think is happening.
As part of the campaign, the MPA (Motion Picture Association – the MPAA `foreign service,` in effect) and IFPI (International Federation of the Phonographic Industry) want ISPs to work for them.
We frequently use the weekends for longer reports so below, with references, is the complete Digital Civil Rights in Europe post Joe McGuire refers to here.
It says the cartels are, pushing for a new collaboration with internet service providers in Europe. The MPA has drafted a ‘possible ISP-Film Sector Voluntary Code of Conduct’, while the IFPI called for a similar code in relation to the music sector during a conference of European telecom network operators (ETNO).
Read on >>>>>>>>>>>>>>>>>>>>>>>>
The industry demands that providers “remove references and links to sites or services that do not respect the copyrights of rights holders”. Providers should also collectively adopt new terms and conditions, to ‘require subscribers to consent in advance to the disclosure of their identity in response to a reasonable complaint of intellectual property infringement by an established right holder defence organisation or by right holder(s) whose intellectual property is being infringed,’ thus overruling the essential privacy-protection of internet subscribers and without mentioning any right of reply.
The copyright industry doesn’t stop there. It also wants providers to develop ‘prototype instant messaging language directed at infringers’ and a termination of contract for ‘recidivists’. Just in case the EU doesn’t introduce mandatory data retention, in spite of the repeated lobby of MPAA and IFPI, the providers should voluntarily preserve data/evidence necessary to enforce copyright. And if that isn’t enough, ISPs should implement filtering technology to block services and sites that are ’substantially dedicated to illegal file sharing or download services.’
But the most ludicrous demand is the following: “To enforce terms of service that prohibit a subscriber from operating a server, or from consuming excessive amounts of bandwidth where such consumption is a good indicator of infringing activities.”
The promoters of the document seem inspired by a French code of conduct signed on 28 July 2004 by 3 French ministers, representatives of the music industry and major ISPs and telecom operators. This code builds on the French e-commerce legislation (providing for notice and take down measures, see a.o. EDRI-gram 2.12) and the revised French privacy and personal data protection legislation. Under the new data protection act, collecting societies and similar representatives of intellectual property rights have the right to create files with telecommunication traffic data of supposed copyright infringers to ‘mutualise the battle against the piracy of works’ (see EDRI-gram 2.15). The code has already been used to terminate the contracts of subscribers. It also encourages right-holders societies to sue P2P users. According to a recent article by the French weekly magazine ‘Le Point’, these cases have led to ‘a la carte’ penalties, corresponding to the commercial sales price of a song.
ETNO has already responded indirectly to these new demands, in a response to the consultation from the Article 29 Working Party of EU data protection authorities. “ETNO Members are also concerned by the constant pressure to overturn the provisions of the E-Commerce Directive (2000/31/EC) on ISP liability in order to create a situation where intermediaries are liable for illegal content transmitted across their networks. The Directive states very clearly that no systematic obligation of surveillance or monitoring should be imposed on ISPs. Furthermore, Article 15 of this Directive establishes that ISPs should be subject to no general obligation to actively seek facts or circumstances indicating illegal activities.” And: “In particular, ETNO fully agrees with the Working Document`s conclusion that personal data can only be transferred in very defined cases provided by Law, only to Public Law Enforcement Authorities, and not to right-holders directly.”
The debate will continue during an open WIPO seminar on ISP liability in Geneva, on 18 April 2005.
Announcement WIPO seminar on ISP liability (Geneva, 18.04.2005)
http://www.wipo.int/meetings/2005/wipo_iis/en/
Music biz calls on European ISPs to act against P2P sharing (08.03.2005)
http://www.pcpro.co.uk/news/70163/music-biz-calls-on-european-isps-to-…
French code of conduct: ‘Charte d`engagements pour le développement de l`offre légale de musique en ligne, le respect de la propriété intellectuelle et la lutte contre la piraterie numérique’ (28.07.2004)
www.culture.gouv.fr/culture/actualites/conferen/donnedieu/charte280704.htm
Le Point: Piratage – Des sanctions à la carte (31.03.2005)
http://www.lepoint.fr/pointcom/document.html?did=160790
ETNO response to WP 29 consultation on DRM (March 2005)
http://www.etno.be/upload/down_files/9241/RD213%20-%20CL%20DP%20issues…
EDRI-gram 2.12: Notice and take down procedure validated in French law (16.06.2004)
http://www.edri.org/edrigram/number2.12/len
EDRI-gram 2.15: New French data protection act not unconstitutional (04.08.2004)
http://www.edri.org/edrigram/number2.15/frenchdpa
(Thanks to Meryem Marzouki, EDRI-member IRIS)
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See:-
Digital Civil Rights in Europe – ISP self-regulation proposal entertainment industry, April 6, 2005
April 10th, 2005 at 7:45 am
Are governments really that easily bought? Why am I not hearing about the ISP’s and Telcos openly protesting these moves?
It is astounding that industry has the nerve to think they can actually legislate communications.
These so-called “rights-holders” are becoming a public nuisance. They are starting to impact far too many decent people when they expect us to trust their judgement as to what is considered acceptable bandwidth use.
They do not deserve the claim to rights “copyright” laws gave them. We need to get back to the academic system of crediting the source and exchanging ALL information freely. PLAGIARISM is passing off others work as your own, and copyright laws have allowed industry to be treated as citizens who falsely take credit for the work of real individuals.
Only if a user creates a business out of distributing works should copyright apply. No profit–no infringement.
If industry thinks “their” copyrights is greater than our privacy and communication rights, then copyright MUST be revoked.
April 10th, 2005 at 10:42 pm
Its not likely, but it would be revolutionary… and much needed…
Communication and Information should be free… and the means to which we get that should also be free. Free from corperations that would sacrifice technology advances to expand their already deeply filled pockets.
Unrestricted advancement is what this fight should be about!
If every internet user in America were to put a wide wireless broadcast antena on top of their homes, and all link up to form one giant network, and small businesses did the same, in short time, complete phasing out of ISPs would be possible. In fact, a new internet would be born, and the old internet could be eventually dropped.
In a preferable future, services like ISPs would no longer exist. Those services would become free. Only the technology that runs them would cost users money, and therefor the power would shift back to the people, and not the big companies that charge ridiculious monthly fees. The money would be going to the companies that create hardware and software, therefore expanding and furthering advances in technology.
But in the end, weather or not something like this ever happens, is if the people get up and do something about it.
At first, everyone with an internet connection would just be putting up antenas, shareing and connecting with everyone else. But slowly as more people do this, and as the antenas become stronger and the network more complete, well out with the old and in with the new they say.
April 10th, 2005 at 11:13 pm
big business will do anything short of killing us, as long as it puts money in their pockets…(and they probably would kill us if they could)
We have no freedom as long as they rule, because they make the ridiculious laws that say whatever doesn’t make them money is illegal.
Copyright laws in general were originally made to keep people that invented something or an idea or piece of art, from having it stolen and someone else making money off of it. PERIOD!! that is the ONLY reason copyrights should exist.
Copyrights should NOT exist to prevent us from copying something and giving it to friends for free!!!! and thats what they are using it for! >:(
Just because the word copy is in the word copyright… doens’t make it aply to a non profit situation… unfortunetly… they’ve already managed to change the copyright laws with the DMCA, claiming that its just a revised version to fit the times… BAH
and another thing… If I buy a cd/movie/software/ect I OWN THAT COPY and I can do whatever I want to with it! If I want to copy it for a freind I have my the right to do so! no matter what they want/say/make a law out of… companies like microsoft would have you buy a software, not to own it, but to RENT it… >_> you own the right to install it once??? O.o thats complete BULLSHIT!
But as long as big businesses run this country and make the laws, thats whats gonna happen…
We shall loose all our freedoms, to help bigbusiness profits. v.v