Monday, December 1, 2008

Year in Review: Copyright Law Other Countries

Australia
Industry representatives began lobbying for the introduction of a graduated response/three strikes scheme in Australia however to date ISPs have refused to cooperate.[1]

Canada
Despite not being passed as yet in Canada, reforms to the copyright law were negotiated throughout 2008. The changes proposed include the introduction of DMCA like provisions with anti circumvention laws and fines of $500 to $20,000 for infringing content.[2] Safe harbours for ISPs are also part of the legislative amendments with a notice and notice process in place for addressing the take down of hosted infringing content.[3]

Changes also include time shifting provisions, private copying exceptions for music and format shifting arrangements.[4] These are not without limitations however with time shifted programs not being able to be retained, anti circumvention exceptions which do not account for the illegality of anti circumvention devices, digital copies made by libraries for patrons which must self destruct within 5 days and the application of $500 fines to downloading which is presently considered legal in Canada.[5]

Canada has long been the subject of criticism from the United States for failing to introduce the standards for copyright protection set under international agreements.[6]

Denmark
Danish ISPs refused to voluntary participate in a graduated response/three strikes scheme raising concerns about the standard of evidence used and inaccuracies in determining the true users and holder of an internet account.[7]

France
At the first European Independence Arena, independent artists supported the introduction of the three strikes (graduated response) scheme introduced in France.[8] The scheme was positioned before both houses of parliament in June 2008.[9] The scheme sees the introduction of the High Authority for the Distribution of Works and the Protection of Rights on the Internet which will administer the process.[10]

Germany
Germany indicated a willingness to adopt a similar three strikes scheme as proposed in other countries however would not disconnect users but rather slow their access speeds down after having received notice regarding their infringing conduct.[11] One concern raised at this suggestion as the impact this would have on the many Germans who use VOIP rather than standard telephones.[12]

In January the German District Court of Dusseldorf ordered Rapidshare to block the uploading and downloading of copyright infringing material.[13] The decision which is likely to go on appeal fails to account for the technological impossibility of achieving this goal.[14]

Italy
In Italy in July 2008 the Guardia di Finanza shut down the forum site for Downloadrevoltuon.net for providing links to infringing material.[15] Four people, including three children, were arrested and 17 computers and three external hard drives were seized.[16] The site had 30,000 members and were using Rapidshare and Megaupload.com to share the copyrighted material.[17]

The Italian parliament passed changes to copyright law in February 2008 which legalised the file sharing of mp3s provided they were made at low resultion or degraded and used for scientific and educational purposes.[18]

Japan
In October 2008 two Japanese men, Keishi Fujimoto and Takashi Matsuoka were arrested for allowing mobile phone users to download songs.[19] With more than 1 million members it was estimated that the site had attracted more than 120 million yen from advertising fees.[20]

In May 2008 Japan also introduced US-style fair use provisions.[21]

In March 2008 four internet service providers agreed to participate in a program designed to address repeat copyright infringers. [22] The group agreed to contribute to an advisory panel along with the Japanese Society for Rights of Authors, Composers and Publishers and the Recording Industry Association of Japan.[23]

A survey of the internet conducted of a six hour period found 3.55 million examples of illegally copied gaming software worth about 9.5 billion yen, and 610,000 examples of illegally copied music worth approximately 440 million yen.[24]

New Zealand
In the process of reforming and updating New Zealand copyright law, the government introduced a three strikes (graduated response scheme) to address the issue of online copyright infringement.[25] Section 92A, which comes into force on 28th February 2009, contains a stipulation that ISPs “adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.”[26]

Internet service providers indicated that there were flaws with the proposed changes with Jamie Baddeley of the Internet Service Providers Association suggesting that the law would expose ISPs to legal risks from consumers if they disconnected their accounts and legal risk from the content industry if they didn’t.[27] He suggested that this would impact dramatically on small ISPs who do not have the resources or ability to deal with the complexities of a three strikes scheme.[28]

The legislative amendments introduced through the Copyright (New Technologies) Amendment Act also included a number of other changes to the New Zealand Copyright Act including ISP safe harbour provisions, a notice and take down scheme, fair dealing exceptions for educational establishments, libraries and archives, an exception to copyright infringement for Educational Resource Suppliers, format shifting exceptions which limit lawful personal use to one copy per device provided the copy and the original are retained, reverse engineering, and more comprehensive arrangements for digital rights management technology.[29] These changes came into force on 31st October 2008.[30]

The law introduces a maximum fine of $150,000 or up to 5 years imprisonment or both for commercial dealings in anti circumvention devices and services.[31]

As a separate matter the New Zealand government announced in September 2008 a review into the introduction of an exception to copyright infringement for parody and satire.[32]

Netherlands
In June 2008 a court in the Netherlands ruled against an interpretation of the copyright law that allowed for the sharing of copyright material.[33] The judge ruled that where the original sources of the content is infringing users cannot rely on the exception to infringement which typically ensures that downloading is legal but uploading is not.[34]

Norway
One suggestion for overcoming the expense and inconvenience of copyright litigation was made in Norway in 2008.[35] The Norwegian Consumer Council proposed the introduction of an alternative dispute resolution process in which individuals would be afforded due process under the law rather than being forced into settlement arrangements simply because they could not afford to defend legal action brought by copyright holders.[36]

Norwegian authorities also continued to claim that Apple was in breach of the law by imposing DRM restrictions on consumers and indicated an intention to take this matter to court.[37]

Spain
In Spain in September 2008 a court ruled that merely linking to infringing material was not a breach of copyright.[38] The Provincial Court of Madrid ruled that Sharemula.com and 15 people that had been arrested in connection with the operation of the site were not in breach of the law.[39] The decision cannot be appealed.[40]

Sweden
In March 2008 and then later in October 2008 it was reported that Sweden was about to introduce Anti-Piracy legislation.[41] The legislation is designed to enable a copyright holder who has ‘probable cause’ to seek the registration details regarding internet service account holders.[42] Personal detail will only be available once a court order has been issued and is expected to come into effect in April 2009.[43]

One Swedish party, the Left Party, which gained 5.8% of the votes at the 2006 election, approved a motion that would enable people to share copyright material provided it was for a non commercial purpose.[44]

This follows on from an article published in January 2008 in which seven members of the Parliament suggested that file sharing litigation was similar to previous attempts to prevent the use of VCRs and Mp3 players.[45]

Taiwan
In Taiwan the Cabinet approved an amendment to the Copyright Law authorising Internet Service Providers to take down infringing content.[46] Those claiming a legitimate right to use the content can then send a counter notification to the ISP to have it reinstated.[47]

UK
Despite initial reports that the UK were seeking to introduce a three strikes (graduated response) scheme, in October 2008 the government indicated that this was not part of the Memorandum of Understanding entered into between the countries main ISPs and the content industry, nor was it proposed policy of the government.[48]

Immediately prior to entering into the MOU the British Phonographic Industry issued a letter to ISPs indicating that they did not consider entering into the MOU as a waiver of any of their legal rights nor restrict their ability to commence legal proceedings in the future.[49]

The MOU did not contain any provisions relating to the introduction of a blanket or voluntary licensing regime.[50] Six ISPs entered into the agreement - BT, BSkyB, Virgin Media, Orange, Tiscali and Carphone Warehouse - with BPI and OFCOM, with OFCOM administering the scheme.[51] The scheme will commence with a three month trial with 1000 notifications to be sent to subscribers per week with serious offenders facing the possibility of prosecution.[52]

The scheme follows on from initial attempts in the UK to curb piracy. Virgin Media had begun sending letters to infringers but would not disconnect their internet access accounts.[53] BT also sent an email to one of its customers in July 2008 indicating that they had infringed copyright through the use of the file sharing program, Ares.[54]

Previously The Carphone Warehouse had refused to cooperate with a scheme that included disconnection.[55] Tiscali had also began cooperating with the content industry initially agreeing to implement a three strikes policy until the arrangement dissolved because of disagreements between the ISSP and BPI over who would cover the cost of litigation in the event that a user sought redress for an unwarranted termination of their account.[56]

A survey of 1,500 people conducted in the UK found that nearly 75% of downloaders would stop illegal sharing if they received a letter from their internet service provider highlighting their illegal activity.[57] One commentator noted however that it was obvious that respondents would select this preference over being cut off from the internet altogether.[58]


[1] Sydney Morning Herald, Industry Wants Illegal Downloaders Kicked off the Net (20 September 2008) <http://www.news.com.au/couriermail/story/0,23739,24372326-952,00.html> at 21 September 2008; ZeroPaid, Japanese ISPs to Ban File-Sharers from the Internet (18 March 2008) <http://www.zeropaid.com/news/9333/Japanese+ISPs+to+Ban+File-Sharers+from+the+Internet> at 18 March 2008; Digital Music News, Three-Strikes Hits Australia: ISP Legislation Considered (19 February 2008) <http://www.digitalmusicnews.com/stories/021708australia> at 21 February 2008; ZeroPaid, Australian ISPs May Also Ban File-Sharers from the Internet (20 February 2008) <http://www.zeropaid.com/news/9281/Australian+ISPs+May+Also+Ban+File-Sharers+from+the+Internet> at 21 February 2008; TechDirt, Australia Latest To Consider Kicking People Off The Internet For File Sharing (18 February 2008) <http://www.techdirt.com/articles/20080218/014201277.shtml> at 19 February 2008; Sydney Morning Herald, War on music piracy (17 February 2008) <http://www.smh.com.au/articles/2008/02/16/1202760662778.html> at 19 February 2008
[2] TechDirt, Canadian DMCA Introduced (Finally); Pretends US Lobbyists Had Nothing To Do With It (12 June 2008) <http://www.techdirt.com/articles/20080612/1017381387.shtml> at 15 June 2008
[3] TechDirt, Canadian DMCA Introduced (Finally); Pretends US Lobbyists Had Nothing To Do With It (12 June 2008) <http://www.techdirt.com/articles/20080612/1017381387.shtml> at 15 June 2008
[4] The Star, Troubling details in new downloading law (13 June 2008) <http://www.thestar.com/News/Canada/article/442677> at 15 June 2008
[5] The Star, Troubling details in new downloading law (13 June 2008) <http://www.thestar.com/News/Canada/article/442677> at 15 June 2008; National Post, Tories eye $500 fine for illegal downloads (2 June 2008) <http://www.nationalpost.com/news/story.html?id=558674> at 4 June 2008; Michael Geist, Business Coalition for Balanced Copyright Speaks Out Against Canadian DMCA (12 February 2008) <http://www.michaelgeist.ca/content/view/2689/125/> at 13 February 2008
[6] michaelgeist.com, US Copyright Lobby Complains About Canadian Copyright Law (12 February 2008) <http://www.michaelgeist.ca/content/view/2688/125/> at 13 February 2008
[7] ZeroPaid, Danish ISPs Refuse Demands to Disconnect File Sharers (20 September 2008) <http://www.zeropaid.com/news/9764/Danish+ISPs+Refuse+Demands+to+Disconnect+File-Sharers> at 21 September 2008; Digital Music News, Three Strikes? Danish ISPs Say No, No, No... (17 September 2008) <http://www.digitalmusicnews.com/stories/091708denmark> at 21 September 2008
[8] Billboard.biz, French Culture Minister Wins Backing For Three-Strikes Plan (28 October 2008) <http://www.billboard.biz/bbbiz/content_display/industry/e3ic75447be81df667c797c0a51eb941fc1> at 30 October 2008
[9] Digital Music News, Three Strikes Gets Major Approval In France (23 June 2008) <http://www.digitalmusicnews.com/stories/062308three> at 26 June 2008; ZeroPaid, France Formally Mulls 3-Strikes Policy to Disconnect Pirates (20 June 2008) <http://www.zeropaid.com/news/9572/France+Formally+Mulls+3-Strikes+Policy+to+Disconnect+Pirates> at 26 June 2008; Times Online, France to ban illegal downloaders from using the internet under three-strikes rule (19 June 2008) <http://technology.timesonline.co.uk/tol/news/tech_and_web/article4165519.ece> at 20 June 2008. For more information see also: ZeroPaid, French File-Sharers to Begin Receiving E-Mail Warnings This Summer? (February 2008) <http://www.zeropaid.com/news/9236/French+File-Sharers+to+Begin+Receiving+E-Mail+Warnings+this+Summer%3F> at 4 February 2008
[10] EFF Deeplink, The Struggles of France's Three Strikes Law (9 May 2008) <http://www.eff.org/deeplinks/2008/05/struggles-frances-three-strikes-law> at 5 June 2008. See also: ZeroPaid, French RIAA Announces Deadline to Ban File-Sharers from the Internet (8 May 2008) <http://www.zeropaid.com/news/9477/French+RIAA+Announces+Deadline+to+Ban+File-Sharers+from+the+Internet> at 10 May 2008
[11] P2p Blog, New German anti-piracy plan: Three strikes and you're ... slow? (3 September 2008) <http://www.p2p-blog.com/item-838.html> at 12 September 2008
[12] P2p Blog, New German anti-piracy plan: Three strikes and you're ... slow? (3 September 2008) <http://www.p2p-blog.com/item-838.html> at 12 September 2008
[13] ZeroPaid, German District Court Orders Rapidshare to Block Copyrighted Content (30 January 2008) <http://www.zeropaid.com/news/9228/German+District+Court+Orders+Rapidshare+to+Block+Copyrighted+Content> at 31 Janaury 2008
[14] ZeroPaid, German District Court Orders Rapidshare to Block Copyrighted Content (30 January 2008) <http://www.zeropaid.com/news/9228/German+District+Court+Orders+Rapidshare+to+Block+Copyrighted+Content> at 31 Janaury 2008
[15] The Register, Italian authorities raid alleged music filesharing forum (1 July 2008) <http://www.theregister.co.uk/2008/07/01/italian_filesharing_raid/> at 4 July 2008
[16] The Register, Italian authorities raid alleged music filesharing forum (1 July 2008) <http://www.theregister.co.uk/2008/07/01/italian_filesharing_raid/> at 4 July 2008
[17] The Register, Italian authorities raid alleged music filesharing forum (1 July 2008) <http://www.theregister.co.uk/2008/07/01/italian_filesharing_raid/> at 4 July 2008
[18] ZeroPaid, Italian Parliament Legalizes File-Sharing of MP3s (5 February 2008) <http://www.zeropaid.com/news/9242/Italian+Parliament+Legalizes+File-Sharing+of+MP3s> at 6 February 2008
[19] Daily Yomiuri Online, 2 held over music download Web site (22 October 2008) <http://www.yomiuri.co.jp/dy/national/20081022TDY02313.htm> at 22 October 2008
[20] Daily Yomiuri Online, 2 held over music download Web site (22 October 2008) <http://www.yomiuri.co.jp/dy/national/20081022TDY02313.htm> at 22 October 2008
[21] TechDirt, Japan Decides Fair Use Is A Good Thing (30 May 2008) <http://www.techdirt.com/articles/20080528/1906131250.shtml> at 4 June 2008
[22] Digital Music News, ISP Monitoring Initiatives Emerge In Japan, Sweden (18 March 2008) <http://www.digitalmusicnews.com/stories/031708isp> at 23 March 2008; The Register, Japanese ISPs agree three strikes-style anti piracy regime (17 March 2008) <http://www.theregister.co.uk/2008/03/17/japan_three_strikes/> at 19 March 2008; ZeroPaid, Japanese ISPs to Ban File-Sharers from the Internet (18 March 2008) <http://www.zeropaid.com/news/9333/Japanese+ISPs+to+Ban+File-Sharers+from+the+Internet> at 18 March 2008; Daily Yomiuri Online/Associated Press, Winny copiers to be cut off from Internet (15 March 2008) <http://www.yomiuri.co.jp/dy/national/20080315TDY01305.htm> at 18 March 2008
[23] Digital Music News, ISP Monitoring Initiatives Emerge In Japan, Sweden (18 March 2008) <http://www.digitalmusicnews.com/stories/031708isp> at 23 March 2008
[24] Daily Yomiuri Online/Associated Press, Winny copiers to be cut off from Internet (15 March 2008) <http://www.yomiuri.co.jp/dy/national/20080315TDY01305.htm> at 18 March 2008
[25] TechDirt, New Zealand Copyright Minister Sneaks In 3 Strikes Law; Yells At Those Who Ask Why (10 October 2008) <http://www.techdirt.com/articles/20081009/2144022508.shtml> at 12 October 2008
[26] ZeroPaid, NZ Braces for Amended Copyright Law To take Effect (8 October 2008) <http://www.zeropaid.com/news/9796/New+Zealand+Braces+for+Amended+Copyright+Law+to+Take+Effect> at 10 October 2008
[27] IT Brief, Copyright Act deeply Flawed, unworkable: NZ ICT industry (19 September 2008) <http://www.itbrief.co.nz/index.php?option=com_content&task=view&id=2568&Itemid=808> at 21 September 2008
[28] IT Brief, Copyright Act deeply Flawed, unworkable: NZ ICT industry (19 September 2008) <http://www.itbrief.co.nz/index.php?option=com_content&task=view&id=2568&Itemid=808> at 21 September 2008
[29] ZeroPaid, NZ Braces for Amended Copyright Law To take Effect (8 October 2008) <http://www.zeropaid.com/news/9796/New+Zealand+Braces+for+Amended+Copyright+Law+to+Take+Effect> at 10 October 2008; IT Brief, Copyright Act deeply Flawed, unworkable: NZ ICT industry (19 September 2008) <http://www.itbrief.co.nz/index.php?option=com_content&task=view&id=2568&Itemid=808> at 21 September 2008
[30] ZeroPaid, NZ Braces for Amended Copyright Law To take Effect (8 October 2008) <http://www.zeropaid.com/news/9796/New+Zealand+Braces+for+Amended+Copyright+Law+to+Take+Effect> at 10 October 2008
[31] Stuff.com.nz, Copyright laws updated for digital age (9 April 2008) <http://stuff.co.nz/4470672a28.html> at 13 April 2008
[32] Scoop, Parody/satire review announced (23 September 2008) <http://www.scoop.co.nz/stories/PA0809/S00481.htm> at 26 September 2008
[33] PC World, Dutch court rules against law that allowed file downloading (27 June 2008) <http://www.pcworld.idg.com.au/index.php/id;1262747976> at 28 June 2008
[34] PC World, Dutch court rules against law that allowed file downloading (27 June 2008) <http://www.pcworld.idg.com.au/index.php/id;1262747976> at 28 June 2008
[35] TechDirt, Norwegian Consumer Council Wants Special Complaint Board For Copyright Lawsuits (13 October 2008) <http://www.techdirt.com/articles/20081009/1130032505.shtml> at 14 October 2008
[36] TechDirt, Norwegian Consumer Council Wants Special Complaint Board For Copyright Lawsuits (13 October 2008) <http://www.techdirt.com/articles/20081009/1130032505.shtml> at 14 October 2008
[37] Digital Music News, Norway Starts Sticking It to iPod+iTunes... (30 October 2008) <http://www.digitalmusicnews.com/stories/092908norway> at 5 October 2008
[38] TorrentFreak, Linking to P2P Downloads Confirmed Legal in Spain (19 September 2008) <http://torrentfreak.com/linking-to-p2p-downloads-confirmed-legal-in-spain-080919/> at 21 September 2008
[39] TorrentFreak, Linking to P2P Downloads Confirmed Legal in Spain (19 September 2008) <http://torrentfreak.com/linking-to-p2p-downloads-confirmed-legal-in-spain-080919/> at 21 September 2008
[40] TorrentFreak, Linking to P2P Downloads Confirmed Legal in Spain (19 September 2008) <http://torrentfreak.com/linking-to-p2p-downloads-confirmed-legal-in-spain-080919/> at 21 September 2008
[41] Digital Music News, ISP Monitoring Initiatives Emerge In Japan, Sweden (18 March 2008) <http://www.digitalmusicnews.com/stories/031708isp> at 23 March 2008
[42] TechDirt, Sweden Trying To Update Copyright Laws; May Face A Fight (23 October 2008) <http://www.techdirt.com/articles/20081023/1843252631.shtml> at 27 October 2008
[43] The Local, Sweden one step closer to anti-filesharing law (23 October 2008) <http://www.thelocal.se/15156/20081023/> at 25 October 2008
[44] ZeroPaid, Swedish Party Now Embraces File-Sharing (11 June 2008) <http://www.zeropaid.com/news/9546/Swedish+Party+Now+Embraces+File-Sharing+for+Personal+Use> at 13 June 2008
[45] ZeroPaid, Swedish Politicians Push for Legalization of File-Sharing (12 January 2008) <http://www.zeropaid.com/news/9189/Swedish+Politicians+Push+for+Legalization+of+File-Sharing> at 20 January 2008; TechDirt, Swedish Politicians Who Actually Understand The Issues Surrounding File Sharing (11 January 2008) <http://www.techdirt.com/articles/20080110/153616.shtml> at 18 January 2008
[46] Taipei Times, Cabinet approves amendment to the Copyright Law By Shih Hsiu-Chuan (26 September 2008) <http://www.taipeitimes.com/News/taiwan/archives/2008/09/26/2003424274> at 5 October 2008
[47] Taipei Times, Cabinet approves amendment to the Copyright Law By Shih Hsiu-Chuan (26 September 2008) <http://www.taipeitimes.com/News/taiwan/archives/2008/09/26/2003424274> at 5 October 2008
[48] ZeroPaid, UK Prime Minister Denies Three Strikes Proposal ...After Europe Tossed It (6 October 2008) <http://www.zeropaid.com/news/9791/UK+Prime+Minister+Denies+Three+Strikes+Proposal...+After+Europe+Tossed+It> at 10 October 2008
[49] guardian, Illegal filesharing: Government hits back at BPI over last-minute letter (31 July 2008) <http://www.guardian.co.uk/media/2008/jul/31/digitalmedia.downloads> at 6 August 2008
[50] Digital Music News, British MoU Starts Rolling; Sharkey Says No ISP-Level Blanket (28 July 2008) <http://www.digitalmusicnews.com/stories/072708uk> at 29 July 2008
[51] Slyck, BPI and ISPs Agree to challenge P2P Piracy in the UK (24 July 2008) <http://www.slyck.com/story1720_BPI_and_ISPs_Agree_to_challenge_P2P_Piracy_in_the_UK> at 28 July 2008; Digital Music News, British ISPs Agree to Massive Letter-Writing Campaign (24 July 2008) <http://www.digitalmusicnews.com/stories/072308bpi> at 25 July 2008
[52] Slyck, BPI and ISPs Agree to challenge P2P Piracy in the UK (24 July 2008) <http://www.slyck.com/story1720_BPI_and_ISPs_Agree_to_challenge_P2P_Piracy_in_the_UK> at 28 July 2008. For more information see : The Register, Feargal Sharkey on the ISP filesharer MoU (24 July 2008) <http://www.theregister.co.uk/2008/07/24/feargal_music_isp_mou/> at 28 July 2008; ZeroPaid, Leaked British Government Letter - P2p Will be Cut by 80% (27 July 2008) <http://www.zeropaid.com/news/9652/Leaked+British+Government+Letter+-+P2P+Will+be+Cut+by+80%25> at 28 July 2008; ZeroPaid, UK ISPs Surrender, Agree to Fight P2p Piracy (24 July 2008) <http://www.zeropaid.com/news/9649/UK+ISPs+Surrender%2C+Agree+to+Fight+P2P+Piracy> at 28 July 2008; ZeroPaid, Music Industry Praises Deal Forcing ISPs to Comabt Illegal File Sharing (25 July 2008) <http://www.zeropaid.com/news/9650/Music+Industry+Praises+Deal+Forcing+ISPs+to+Combat+Illegal+File-Sharing> at 28 July 2008; TechDirt, UK ISPs Move Down The Slippery Slope Of Becoming Copyright Cops (24 July 2008) <http://www.techdirt.com/articles/20080724/0413391778.shtml> at 28 July 2008; Digital Music News, British ISPs Agree to Massive Letter-Writing Campaign (24 July 2008) <http://www.digitalmusicnews.com/stories/072308bpi> at 25 July 2008; TimesOnline, Parents to be punished for children’s net piracy (24 July 2008) <http://technology.timesonline.co.uk/tol/news/tech_and_web/article4387283.ece> at 25 July 2008; ZeroPaid, UK ISP, Record Industry Join Forces to Fight Illegal File Sharing (11 June 2008) <http://www.zeropaid.com/news/9545/UK+ISP%2C+Record+Industry+Join+Forces+to+Fight+Illegal+File-Sharing> at 13 June 2008; CNet News Blog, British ISP, recording industry warn illegal downloaders (6 June 2008) <http://news.cnet.com/8301-10784_3-9962404-7.html> at 10 June 2008; The Register, Filesharers petition Downing Street on 'three strikes' (28 February 2008) <http://www.theregister.co.uk/2008/02/28/filesharing_downing_st_petition/> at 3 March 2008; ZeroPaid, UK Govt to ISPs: 'You Have Until April '09 to Punish File Sharers' (26 February 2008) <http://www.zeropaid.com/news/9289/UK+Govt+to+ISPs%3A+%27You+Have+Until+April+%2709+to+Punish+File-Sharers%27> at 28 February 2008; Digital Music News, British Government Gives Industry, ISPs Ultimatum (25 February 2008) <http://www.digitalmusicnews.com/stories/022408uk> at 26 February 2008; The Register, Government rattles 'three strikes' filesharing sabre again (22 February 2008) <http://www.theregister.co.uk/2008/02/22/burnham_dcms_filesharing/> at 25 February 2008; Digital Music News, Operation ISP: Legislative Proposals Emerge in UK (13 February 2008) <http://www.digitalmusicnews.com/stories/021208isp> at 19 February 2008; Slyck, UK ISPs Balk at Unplugging P2P Pirates (14 February 2008) <http://www.slyck.com/story1662_UK_ISPs_Balk_at_Unplugging_P2P_Pirates> at 18 February 2008; Digital Music News, Operation ISP: Legislative Proposals Emerge in UK (12 February 2008) <http://www.digitalmusicnews.com/stories/021208isp/view> at 15 February 2008; TechDirt, UK To Force ISPs To Kick Casual File Sharers Off The Internet (12 February 2008) <http://www.techdirt.com/articles/20080211/220305233.shtml> at 13 February 2008; BBC News, Illegal Downloaders 'face UK ban' (12 February 2008) <http://news.bbc.co.uk/1/hi/business/7240234.stm> at 13 February 2008; Slyck, UK Moves to Disconnect P2P Pirates (12 February 2008) <http://www.slyck.com/story1661_UK_Moves_to_Disconnect_P2P_Pirates> at 13 February 2008; The Register, Minister threatens legislation deadline (8 January 2008) <http://www.theregister.co.uk/2008/01/08/triesman_isps_legislation_timetable/> at 11 January 2008
[53] guardian.co.uk, We won't cut off users, says Virgin (3 July 2008) <http://www.guardian.co.uk/technology/2008/jul/03/virgin.filesharers> at 9 July 2008; TechDirt, Virgin: We Won't Cut Off File Sharers; Sends Envelope Saying 'We May Cut You Off (3 July 2008) <http://www.techdirt.com/articles/20080703/1319201591.shtml> at 9 July 2008
[54] ZeroPaid, Another UK ISP Begins Threatening File Sharers (1 July 2008) <http://www.zeropaid.com/news/9598/Another+UK+ISP+Begins+Threatening+File-Sharers> at 4 July 2008
[55] ZeroPaid, UK ISP Talk Talk Says it 'Refuses to Become Internet Police' (6 April 2008) <http://www.zeropaid.com/news/9383/UK+ISP+Talk+Talk+Says+it+%27Refuses+to+Become+Internet+Police%27> at 8 April 2008
[56] The Register, Filesharing shambles revealed as 'deal' collapses (15 February 2008) <http://www.theregister.co.uk/2008/02/15/tiscali_bpi_agreement/> at 18 February 2008; ZeroPaid, Labels Love ISPs Disconnecting File Sharers, But Who Will Pay for Lawsuits? (14 February 2008) <http://www.zeropaid.com/news/9265/Labels+Love+ISPs+Disconnecting+File-Sharers%2C+but+Who%27ll+Pay+for+Lawsuits%3F> at 15 February 2008; The Register, ISPs demand record biz pays up if cut-off P2P users sue (12 February 2008) <http://www.theregister.co.uk/2008/02/12/anti_filesharing_paper_leak/> at 13 February 2008
[57] BBC, Music fans back legal downloads (12 October 2008) <http://news.bbc.co.uk/1/hi/technology/7664088.stm> at 15 October 2008; Slyck, ISP Involvement May Stem P2P Usage in UK (13 October 2008) <http://www.slyck.com/story1780_ISP_Involvement_May_Stem_P2P_Usage_in_UK> at 15 October 2008; ArsTechnica, Survey: warnings from ISPs could slash file-swapping by 70% (3 March 2008) <http://arstechnica.com/news.ars/post/20080303-survey-warnings-from-isps-could-slash-file-swapping-by-70.html> at 4 March 2008
[58] TechDirt, Useless Studies: Given The Choice Of No File Sharing Or No Internet, Guess What People Choose? (13 October 2008) <http://www.techdirt.com/articles/20081013/0119522529.shtml> at 14 October 2008

3 comments:

Mona said...

A very interesting site as I have started a blog about two months ago and have so far had two DMCA take down notifications one from an unknown party and the other from the IFPI both of which refered to posts where the music was linked to music from the archive.org
Ryan Adams in one case and Little feat on the other.
This music is free to dowland from there under US law so I don't understand why my posts were removed for alleged copyright infringement.
The other thing that I want to know is how many posts are taken down before the whole blog is removed by blogger/google.
I truly hope that they don't have a three strikes and youare out policy.
Strange things are afoot it seems to me,
regards/

PS I am linking tour blog on mine hope that you don't mind.

Name: Sally Hawkins said...

Hey Mona

Glad you like the site have only been at it a year but its been a lot of fun and its great to see other people getting something out of it.

Bad luck on the DMCA notices. I havent had anything removed yet so I am not sure what the deal is there - sounds like you are linking to files on the internet archive that are licensed under creative commons - maybe contact blogger about their procedure cos I think you can make a counterclaim to get the posts reinstated but as I said I havent had to do it so cant really tell you much about it.

thanks for the link
cheers
Sal

Mona said...

Thanx sal/
I sent an email off to blogger:
http://exileonmoanstreet.blogspot.com/2008/12/copy-of-email-sent-to-blogger-today.html
So we shall see what happens...
regards/
Mona