Danish ISP Doesn't Understand Why It's Supposed To Block Pirate Bay

from the fighting-it dept

Earlier this week, we noted that a Danish court had told ISP Tele2 that it needed to start blocking access to the Pirate Bay. Last year, a court had also ordered Tele2 to block access to AllofMp3.com. Tele2 complied with that first order, though apparently it was quite easy to get around the block (no surprise there). However, apparently sensing the outrage being felt concerning these blocks, Tele2 is considering fighting back against the order (with support from other ISPs). The company claims that it needs "clarification" on the ruling, though doesn't seem to provide much more detail than that at this point.
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Filed Under: blocking, danish court, denmark, pirate bay
Companies: pirate bay, tele2

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  1. identicon
    DanC, 7 Feb 2008 @ 5:56am

    Re: Re: I'm confused because...

    "ISPs have an ethical responsibility to to avoid knowingly aiding and abetting a law breaker."

    ISPs have a responsibility to provide internet access to their customers. They are not responsible for babysitting you and making sure you don't misbehave. If you want to experience that kind of censorship, check out China.

    "once they'd learned that you're a reckless, careless, thoughtless driver who's putting their property (and reputation) at risk, would yank your privileges, take the car back, and block you from additional rentals?"

    Sure they would. But then again, this argument is flawed. The person in question has already broken the law, and the revocation of renting privileges comes after the fact. This would be the rough equivalent of some of the sentences that hackers have received, where their computer privileges have been revoked. The situation is completely different and has no basis for a comparison to ISP filtering.

    Here's the problem: filters don't work. They have never worked properly, despite years of development, and they never will. They block things that shouldn't be, and leave things that they were intended to block accessible. Additionally, the question of what is infringing material is hardly black and white, which is why copyright issues are handled on a case-by-case basis. There is no hard and fast rule to determine what is and what is not infringement.

    Finally, ISPs are protected from the actions of their users via the safe-harbor provisions. They will not be protected from the lawsuits that will emerge from filtering. It boils down to the fact that filtering is the exact same thing as censorship. By applying filters to the internet, the ISPs will by necessity violate the first amendment rights of some of its customers.

    ISPs are not, nor should they be, the law enforcement branch of the internet.

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