Nothing is as handsome as a secret - French proverb
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Judge orders BT to block filesharing web site Newzbin2
A UK JUDGE has ordered BT to block access to filesharing web site Newzbin2 in a landmark decision that could affect thousands of users.
Justice Arnold of the High Court of Justice in London said, "In my judgment it follows that BT has actual knowledge of other persons using its service to infringe copyright: it knows that the users and operators of Newzbin 2 infringe copyright on a large scale, and in particular infringe the copyrights of the studios in large numbers of their films and television programmes."
He ruled that BT, which claimed it had no responsibility for how people use its service, must now block access to Newzbin2. He said his decision was "proportionate ... necessary and appropriate".
The judge rejected all seven of BT's arguments against blocking the service, including its assertion that blocking would effectively mean it was required to monitor users. It also asked for the decision to be deferred to Europe, but this was also rejected.
This is a major victory for the Motion Picture Association (MPA) and a huge loss for the filesharing community, particularly those who share legitimate files.
"This ruling from Justice Arnold is a victory for millions of people working in the UK creative industries and demonstrates that the law of the land must apply online," said Chris Marcich, president and managing director for the EMEA region at the MPA. "This court action was never an attack on ISPs but we do need their cooperation to deal with the Newzbin site which continually tries to evade the law and judicial sanction."
The INQUIRER spoke with Loz Kaye, leader of the UK Pirate Party, who was critical of the ruling. "This is a terrible day for ordinary British Internet users. The judgement sets a worrying precedent for internet censorship. This is the thin end of a very large wedge. It also leaves the coalition's internet policy in disarray. It appears that our digital rights are to be determined by Hollywood, not parliament."
The threat of internet censorship is serious, as this ruling will likely set a precedent in law where other web sites can be blocked, both by BT and by smaller ISPs. The potential for this to be abused is significant, so it's no surprise that the MPA's win has met with vocal criticism from internet freedom advocates.
The original Newzbin was closed after a High Court ruling, but it reappeared under a new name and new management, moving its servers overseas to avoid prosecution. This led to the latest case, which no longer seeks to close Newzbin2, but simply block it at all the major ISPs around the world.
It is not known at time of writing whether BT will seek to appeal this decision. µ
Tags: Internet
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Seems like a very useful site - I just subscribed.
But it doesnt host any content. It is just links, like a search engine. So I find it outrageous that it is being attempted to be blocked.
All BT users - just switch to a another ISP less willing to role over, and in the mean time, set your DNS to use Google's DNS servers and avoid all such pathetic filtering attempts.
The DNS servers are 8.8.8.8 and 8.8.4.4
http://code.google.com/speed/public-dns/
And anyone that cares about free access to information - sign up to Newzbins as a big FU to the media firms burning tens of thousands of pounds that will be added to the cost of films and music on these court cases.
I hear the suit was done by paramount (owned by viacom) and disney (largely owned by steve jobs).
Incidentally, I also hear BT spins this a bit as a victory saying that this establishes that if someone wants a block they have to do a proper courtcase.
The UK is going down the tubes....I'm sick of those that have power and wealth shafting the general public and just lying to cover their tracks.
I've lost count of the number of times large corporations have claimed that increased product prices are out of their hands as a result of price increases from their suppliers and yet those same corporations post record profits a few months later.
Similarly the UK government have shown themselves to be far too involved with media companies the likes of Murdocks empire to be impartial.
The politicians and large corporations are all rimming each other while they bleed the public dry.
After a while, situations like this really can make you stop and take stock of things. Disproportionate wealth wielding disproportionate power over citizens was never the “meaning of democracy”, in any definition that I am aware of. The legal arm of the government, catering exclusively to well-funded special-interest groups like the MAFIAA, while neglecting the rights and freedoms of the citizens they were elected them to represent...that is not morally or ethically “right”, in light of what a democracy is supposed to represent.
The thing is, it is people like you and I who control the money that these corporations (media, software, hardware, energy) are using to oppress us. They are so cocksure of the “hold” they think they have over peoples' addiction to media, gadgets, software, etc. that they feel they can abuse people, sue them, wipe out competition in a free marketplace, take away people's rights and freedoms, and basically do anything they want.
If you think about it...is it really worth selling off your rights and paying through the nose (in one form or another) to watch paid liars depict scripted, fictional scenes of someone else's life? Does one really “have” to spend lots of one's money (and/or time) procuring and listening to artists who cater to these oppressive corporations and organizations? It's not even just a question of ethics, or lost rights, or lost freedoms...it is also a question of lost purpose, of lost hours, days, and years of your non-replaceable life. Art “can” be a wonderful addition to help enrich life (and there are lots of very gifted artists)...there is nothing stopping these or other artists from breaking free from the media cartels and offering their works directly to their fellow citizens. But art-as-an-addiction seems to be another matter entirely.
One could certainly choose to break this addiction, and start paying more attention to your own interesting life, to doing things to improve yourself and the society in which you live. Learn to play an instrument, or whatever develops your own natural strengths and interests with the hours you would otherwise waste on media, video games, etc. No one's life is replaceable or disposable, contrary to what the media companies would have you believe.
Really, there is no citizen that “deserves” to have their trust violated, to have their rights removed, by politicians and lawmakers whose primary duty is to protect them. Those that do not honor their responsibilities should either be recalled or not elected/reelected. It seems to me that no company, corporation, or organization that seeks to remove your rights and freedoms is worthy even of one penny of your income, or of one second of your lifespan.
All this court case and ruling has done is give a massive advertisement for Newzbin2 - myself, and I'm sure tens of thousands of other people, will have never heard of this site before. Now they will.
It's ironic - they want to cut down on piracy but instead just teach people about new ways to do it. Sure, BT has to block it, but other ISPs don't.