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Government to crack down on filesharers

Mandy has a plan
Wed Oct 28 2009, 14:38

BUSINESS SECRETARY Lord Mandelson has said that he is 'confident' that parliament will approve his plan to stop illegal filesharing.

Speaking today at the Cabinet creative industries conference, Mandelson said he wants to crack down on peer-to-peer filesharing with a three-pronged approach.

His clever scheme will start with warning notifications for those suspected of filesharing. If such letters are ignored, or not delivered or lost, this will be followed up with targeted legal action by the rights holders.

Mandy reckons that the Government allowing rights holders to drag punters into civil courts, merely based on their unsubstantiated allegations of illegal filesharing, should be the only enforcement required to put people off.

He apparently didn't address the obvious concern that permitting the copyright cartels to sue people for damages without even the legal protections afforded common criminal defendants would likely present thousands of Brits with the choice of either paying rights holders whatever amounts they demand - possibly hundreds or thousands of pounds - or alternatively, having to pay ruinous legal fees to defend themselves.

That's how such practices have worked out so far in the US, with the RIAA having sued people seemingly at random based upon scant evidence, all of which has been collected by unlicensed private investigators. Some of those people sued, it has turned out, did not even own a computer.

Most people sued by these hyenas have simply paid them to avoid the legal expense of defending against the copyright MAFIAA's allegations.

But just in case threatening people with the choice between giving in to what would amount to legal muggers' demands or paying staggering legal fees doesn't work, the Government will have reserve powers to issue an order requiring ISPs to invoke 'technical measures'. These we assume would include actions such as blocking offending subscribers' IP ports and degrading their Internet bandwidth, again without evidence being required that wrong-doing had occurred or that the subscriber was responsible for it. Lastly, as if all these foregoing abuses wouldn't be outrageous enough, Internet suspension will be used as a final resort.

"Only persistent rule breakers would be affected," said Lord Mandy. "There would be an independent, clear and easy appeals process to ensure that the correct infringer is penalised." Somehow we're not reassured.

He also appealed to ISPs and the creative industries to work with Government to ensure there is a balance of education, enforcement and new business models to discourage illegal downloaders, and other such blather.

He confirmed that proposals set out in the recent consultation on unlawful file-sharing would form the basis of measures in the Digital Economy Bill.

We'd like to tell him where to stick it, and rather hope that more than a few MPs will. µ

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Comments
to sammy

you are frigging insane
when i make a copy of your cd/you don't lose it/not stolen

posted by : gary, 03 November 2009 Complain about this comment
It's the law

Piracy isn't about some company's Biz model, it's about theft of copyright protected works. No one has the right to steal. You steal you go to prison like any other criminal. If they need to build more prisons for the pirates, so be it. The courts don't care what foolish rationale you use to steal, you're still going to prison. Try arguing with the judge and see how far you get.

posted by : Sammy, 30 October 2009 Complain about this comment
No free lunches here

Seems to me that many have been brain washed (or are working with) the label corps. They have enjoyed outrageous profits for many years by monopolizing how society can access entertainment media. Now, due to their lack of adaptability to changing social environments and distribution mediums they are buying new law as an attempt at maintaining their life standards.

Regarding the brilliant idea of jailing everyone that commits a pirating act (without the patch and parrot of course), it is a classic example of using thoughtless methods to resolve problems that will end up costing everyone and not resolving the issue. Who do you think pays the ISPs, judges, prosecutors and prison guards? You and I (in case you couldn't figure it out). And once everyone is in prison, they will have internet access (if they don't already) and keep on "offending". Only difference then will be that they don't need to pay for their mortgages, cars, food, gym, computers or anything else. They will be housed, chauffeured, fed and the rest albeit behind bars. Hum, I guess you will be the only one paying that bill since inmates don't get a paycheck ;)

Rather than be on the far right or the far left on this issue (and others), reasonable socially and corporate acceptable solutions need to be identified and put in place without taking away fundamental privacy and other rights away from ourselves. I would like to think that I cannot lose my right to privacy in the washroom (with or without my laptop ;).

Keep debating your extremist points of view and being unwilling to listen to reason and reach a mutually agreeable resolution to a problem that is not about to disappear. I look forward to seeing you on either side of the glass in the visitors room :) You may just get caught in your own trap ;)

posted by : Thinker, 30 October 2009 Complain about this comment
That's the point

The point is to create jobs by building new prisons to house the pirates and other criminals. Everyone wins because you get criminals out of society and produce new jobs in building construction. It's a very good idea that serves society quite well.

posted by : Jorge, 30 October 2009 Complain about this comment
@real thinker

ummm.. arent the prisons at full capacity already? think youll find they are. burglars, robbers and druggies are getting community sentences or a few weeks at a time because of it.

but they probably will imprison data thieves because it is a crime against corporate cash which (time has told) takes priority over crimes against people

posted by : captain fruitmachine, 30 October 2009 Complain about this comment
@ NOT a thinker

The plan is to create jobs building prisons to house the criminally insane who feel they are above the law, aka pirates. Trying to rationalize theft, aka piracy, is a waste of time. Every court in every civilized country recognises piracy as a crime and convicts these criminals. Now most countries are increasing the penaty for piracy because the pirates are so dumb they don't know enough to stop until they are locked up in prison. So now we'll build more prisons and lock these idiots up and get them off the streets along with the rapist, murderers and other dirtbags.

It's ALL GOOD.

posted by : Real thinker, 29 October 2009 Complain about this comment
Blinded by stupidity and ignorance

Oh my goodness! Such silly arrogance and self centered thinking and actions of the governments (democratic majority's representation; what a joke they're only in it for the money) and corporations (exclusively in it for the money and bound by law to take whatever measures to be profitable for shareholders and executives). Make the punishment fit the crime. Rapists, murderers and child molesters get off easier. They get free legal representation if they can't afford it, they are presumed to be innocent until proven guilty by means of (legally gathered) evidence which proves allegations beyond a reasonable doubt. Does cyberspace permit above the law measures to prosecute and ruin people? I think not. Drivers still break the law by speeding and racing red lights. They haven't decided to prevent cars from going beyond a certain speed in certain areas, nor prevent manufacturers from making fast cars, nor have they removed all intersections. They have chosen to enforce traffic laws with reasonable measures by having police radars, speed traps, red light cameras and educating divers. The few bad apples that exaggerate with excessive speed face stiffer penalties. They don't have to sell the house and prevent their kids from getting an education just to defend their incorrect actions. How is the internet and file downloading an exception to this common sense approach? Or should we have cameras and computers collecting information in our cars to provide ammunition to the police (a government corporation) to make their monthly income quotas? In the case of file downloading, ISP will be the privacy invading information collectors providing anyone lacking profits and creativity of marketing opportunities to help their bottom line.

To the ones advocating for putting +50% (don't know the exact figure) of internet users in jail for file downloading. I hope your son/daughter/wife/husband/brother/sister/mother/father don't get murdered, rapped or other because there will be no room for the perpetrators in jail with the doctors, lawyers, police, engineers, ISP personnel and kids (maybe your own) that were put there for downloading a nursery rhymes (or other song), Barney (or other video) or simply sharing pictures with family because of silly and biases laws. Give me a bucking freak.

posted by : Thinker, 29 October 2009 Complain about this comment
eye opener

having read the above comments, the government's propaganda spin is obviously working on some people!

i thought it was quite a lame attempt to justify profiteering but maybe its the receivers that are lame because they swallow what they are told without questioning the logic of it...

keep 'em thick, keep 'em controlled

posted by : peanut mcbouffant, 29 October 2009 Complain about this comment
A good opportunity

The prosecution of illegal file sharers will provide a good opportunity for the creation of new jobs building new prisons for these criminals. Getting scum off the streets and in prison is a worthy effort. Those who are unable to live by the laws of society are not allowed to enjoy the same freedoms as law abiding citizens. That's why we have prisons.

posted by : Theil, 29 October 2009 Complain about this comment
They can try to stop it...

The entertainment industry has a failed marketing model, we all know that. At first people shared files through web sites and ftp, when the law put a stop to that consumers came up with distributed file sharing, and now that's going to end. But guess what? The consumers will once again come up with a way to get around it. It might be as simple as just burning all they have to dvds and swapping them with friends who will swap them with friends and so on. It might not be as convenient, but it'll work. In any case, the consumer will find new ways to get what they want until the entertainment industry comes up with a marketing model that works.

posted by : Ken, 29 October 2009 Complain about this comment
Sooner or later

Pay now or go to prison. That's the law. Now one has a right to steal or illegally distribute copyright protected materials.

Eventually the pirates will come to understand that theft of copyright protected works is a crime and that they will be punished. Prison is a good reality check for those in denial.

posted by : Tony, 29 October 2009 Complain about this comment
we should crack down on the government!

this is conclusive proof that the government are in bed with big business and that profits come before people.

the citizens of this country pay for the government to operate but this money is being stolen from us for their personal gain and luxury.

mandelson is equally criminal as he is unelected and has been dismissed from public office on more than one occasion.

and for the christians:
greed, theft, gluttony...
can anyone think of any more religious crimes they have committed?

posted by : dickie ticker, 29 October 2009 Complain about this comment
Not drinking the Mandy Shandy, here.

Hard to swallow.
How taintheaded is this?
Okay. one more time, an IFBO results when you're getting it from a litigator, at which time, they hop the ISP to make your net neutered?
Who the baby's daddy is not?
No Net Neutrality for
the trois-stroiked lot?
Oh that's cold! That is so gray!

posted by : crack?, 28 October 2009 Complain about this comment
How much does it cost to get the government to work for you?

Funny how they do almost nothing about shoddy products that break right after the warranty expires, identity theft, or anything that affects regular people. but if it hurts business. THINK OF THE PROFITS! Oh the humanity!

posted by : DeFex, 28 October 2009 Complain about this comment
DPI won't get into VPN...

DPI won't get into VPN...
and if it does, sue the Government for unlawfully spying.

Listen to MI5 Mandelson, you are not better than them...

posted by : Ed6, 28 October 2009 Complain about this comment
Forget Spotify...

... I'm buying shares in megaupload, rapidshare, hotfile etc...

posted by : jedi name germinator, 28 October 2009 Complain about this comment
Persistent offenders

Rather amusing when a guy who's had to resign *twice* for being a sleazy scumbag prattles on about punishing persistent offenders.

posted by : twelvebore, 28 October 2009 Complain about this comment
Nice

Money making machine - nothing more.
Lawyers will obviously have to be taken in order to defend oneself against untrue accusations.

That's not the way to go. Big media business models have to be updated.

posted by : Mike, 28 October 2009 Complain about this comment
Yeah, right

Unelected oft-discredited slimebag from party that won't be in power much longer wants ISPs to implement deep packet inspection and massive logging? Non-starter.
Never mind illegal presumption of guilt!

posted by : Stefing, 28 October 2009 Complain about this comment
To be honest...

I think the ISPs have tended to be pretty awesome so far...

Instead of a few of them turning their users into the wolves, the statistic could easily have been as high as 90%. There is no law, at least here in the United States, that says the ISPs have to be altruistic. Shoot, even most religions don't have an altruism law, in most cases God simply thinks your awesome if you do someone a favor without expecting anything in return.

posted by : Jason Goatcher, 28 October 2009 Complain about this comment
dpi

with deep packet inspection. Monitoring your traffic, seeing what protocols your using, sites you are accessing, ...invading your privacy.

Illegal file sharing is a problem but this is not the way to handle it.

All this proposals are based on the same thing, give the ISPs more power to do whatever they want.

posted by : rodmar, 28 October 2009 Complain about this comment
The Means

And how are they going to distinguish between legal and illegal file sharing and between people who file share and just generally have high internet usage from many different means

posted by : Mauller07, 28 October 2009 Complain about this comment
hmm

time to buy shares in spotify then

posted by : thechevron, 28 October 2009 Complain about this comment
aboutus
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