Legal Issues

by Mike Masnick


Filed Under:
spain, three strikes



Three Strikes Rejected In Spain

from the another-one-down dept

It seems like the recording industry's grand plan to get ISPs to be their copyright police isn't getting very far. Consumer and legal backlash around the world seems to have stopped it cold. The latest is in Spain, where the entire concept of a three strikes regime has been taken off the table. Instead, the plan in Spain is to go after file sharing sites and services -- as we've seen them do a lot lately. The only problem? Spanish courts have found both that personal, non-commercial file sharing is legal and that sites that are merely pointing to content are not liable for whether or not the content is infringing.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  • icon
    drewmerc (profile), 24 Jun 2009 @ 11:20pm

    Norway and now Spain all we need now is a few more euro country's to do this and then we can force it on all of Europe via the European parliament

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 25 Jun 2009 @ 12:15am

    Maybe France..?

    I'd like for France to see the pain the US has to bear with it's recent Jammie Thomas Case.

    However, I believe that they will have a very difficult time saying no to Three Strikes.

    But, in the off chance situation that they did say "NO", we'd probably have to clean up the Statue Of Liberty, agree to not call French Fries Freedom Fries, finally decide on aluminum versus copper wiring, and also figure some other things out regarding properties of Campaigns and Cogniacs.

    Oh the horror.

    reply to this | link to this | view in chronology ]

  • icon
    dunncha (profile), 25 Jun 2009 @ 2:15am

    I like the three strikes

    You share files on the internet. You get caught. Somebody sends you an email saying you've been caught.

    OK so move to a different tracker, server, Beef up security, You get caught again and receive another email.

    Ok its a fair cop I will knock it on the head for a while.

    As it stands at the minute your first and last warning that you have been caught is a demand for payment well into thousands of £/$, with very little possibility of fighting them off. (Unless you truly haven't been sharing)

    I for one would rather get a tap on the shoulder/word to the wise/heads up/forewarned...

    Call it what you will but always better than a summons

    reply to this | link to this | view in chronology ]

    • icon
      PaulT (profile), 25 Jun 2009 @ 3:53am

      Re: I like the three strikes

      ...and if you haven't been sharing files? The RIAA's methods are extremely flawed, and they've even sued people who don't own a computer, let alone show themselves capable of identifying who is really sharing files. They also haven't shown any real evidence that piracy is causing them those losses - most independent studies show that the heaviest "pirates" are also those spending most money on CDs and DVDs.

      Should innocent teleworkers and home business owners lose their livelihoods because someone managed to spoof their IP addresses?

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 25 Jun 2009 @ 4:47am

        Re: Re: I like the three strikes

        PaulT, would you care to show some stats? Like how many people the RIAA sued (and settled with) that were wrongly accused (no computer) versus the number who were just plain guilty?

        I don't mean people who go SODDI. Actual truly not guilty.

        I suspect the error rate is about the same as an other legal action taken (including speeding tickets). Perfection isn't always possible, except on Techdirt.

        reply to this | link to this | view in chronology ]

        • identicon
          CleverName, 25 Jun 2009 @ 5:54am

          Re: Re: Re: I like the three strikes

          Would you care to share data on what is considered to be the acceptable rate of collateral damage ?

          reply to this | link to this | view in chronology ]

        • icon
          chris (profile), 25 Jun 2009 @ 6:37am

          Re: Re: Re: I like the three strikes

          I suspect the error rate is about the same as an other legal action taken (including speeding tickets). Perfection isn't always possible, except on Techdirt.

          zing!

          well that's it boys, the jig is up, time to shut the whole thing down. we had a good run. it was fun while it lasted.

          hey mike, be remember to turn the lights off on your way out.

          reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Coward, 25 Jun 2009 @ 9:20am

          Re: Re: Re: I like the three strikes

          Actually, the "actually guilty" vs "so blatantly innocent you'd have to be blind" is about equal. You can count the number of "willfully infringing" verdicts on your hands.

          Unless by "just plain guilty" you mean everyone who has settled, which there really are no proven statistics for.

          reply to this | link to this | view in chronology ]

        • icon
          PaulT (profile), 25 Jun 2009 @ 9:55am

          Re: Re: Re: I like the three strikes

          I don't think there are any hard stats, but there are plenty of documented cases where innocent people have been sued. The water can be murky, sure, especially in cases where the infringers were kids pulling one over on their technically clueless parents. But, the lawsuits have been misused many times. I'd also bet that there's a lot of people out there who don't know if their computer was misused (such as those parents), but paid up anyway because it would cost more to try to prove their innocence than it would to cave and pay.

          IMHO, if one innocent person has their internet connection removed due to a false allegation, it's too many. Especially as some people depend on the internet connection for work. Why should my home business get destroyed by a false allegation just to "protect" the livelihoods of the RIAA?

          "I suspect the error rate is about the same as an other legal action taken (including speeding tickets)."

          Having your internet connection removed - especially if your livelihood depends on it - is a very different thing to getting a speeding ticket. So, the standard applied to this three strikes idea should be much higher, especially since the RIAA only have something as flimsy as an easily-spoofed IP address to prove things.

          reply to this | link to this | view in chronology ]

  • icon
    PaulT (profile), 25 Jun 2009 @ 3:47am

    As a resident in Spain who thinks that the three strikes idea is horrible, counter-productive and extremely dangerous: thank f**k.

    reply to this | link to this | view in chronology ]

  • identicon
    Rob, 25 Jun 2009 @ 4:39am

    Three Strike for the RIAA

    I think we should impose a three strikes law on the RIAA. For every person they falsely accuse of file sharing, they get a strike. If they get three strikes, they get kicked off the planet.

    reply to this | link to this | view in chronology ]

  • identicon
    Rob, 25 Jun 2009 @ 4:43am

    Three Strike for the RIAA

    I think we should impose a three strikes law on the RIAA. For every person they falsely accuse of file sharing, they get a strike. If they get three strikes, they get kicked off the planet.

    reply to this | link to this | view in chronology ]

  • identicon
    robin, 25 Jun 2009 @ 6:07am

    very far?

    reply to this | link to this | view in chronology ]

  • identicon
    robin, 25 Jun 2009 @ 6:13am

    very far?

    "It seems like the recording industry's grand plan to get ISPs to be their copyright police isn't getting very far."

    eircom anyone? sadly they've been quite intimidatingly successful in ireland. and while it's not a kick-you-off environment in the u.k., it's still very burdensome and anti-consumer with deep surveillance and throttling.

    comcast, brein, gema, netherlands anti-piracy against mininova, hadopi, yeah all different prongs of the same attack against consumers, customers, fans though.

    reply to this | link to this | view in chronology ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Insider Shop - Show Your Support!

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.