EU Public Affairs Monitor - 27/10/08

Cox To Internet Users: Three Strikes and You're Out October 1, 2008
Over the course of the last year, we've seen an intense, international lobbying effort on the part of the entertainment industry to craft policies that would boot alleged filesharers off of the Internet. The folks over at TechDirt have been keeping a close watch on this front and point to legislation and negotiations in the UK, France, Australia and Canada that would institute a "three strikes" rule. As proposed, this three strikes policy would require ISPs to filter their networks for copyrighted content and send out notices of infringement to users suspected of engaging in filesharing--effectively turning ISPs into "copyright cops". As implied by the three strikes moniker, users would receive two written warnings before having their contract with the ISP terminated outright, upon receipt of the third." [PublicKnowledge]

Music Like Water - Not October 27, 2007
"I originally wrote this post as a comment on Andrew Dubber's blog. Out of courtesy for Andrew, I am going to turn comments off on this post. Please go to Andrew's site to continue the discussion.

Andrew, you create the best scenarios on the Internet for discussion…

If the water analogy were as simple as turning on a faucet, and out comes music that everyone pays a flat fee for, then I would agree with you. However, sticking with the water analogy, there are thousands of brands of bottled water, fizzy water, flavored water, tap water, fountain water, toilet water, brown water, fruit water, mineral water, etc, etc, etc. Only a dolt would let their brand become commoditized, municipal tap water… The water utility thing will never happen anyways; innovation will outrun legislation." [UnsprungMedia]

EU Public Affairs Monitor - 24/07/08

Virgin/BPI letters arrive, student freeloaders object 03/07/08
"Following the announcement a few weeks ago (see here) that Virgin Media would be sending out warning letters to some of their broadband customers, 800 of these letters have now been sent out across the UK. As reported on the Register and the BBC (here and here), one student customer has objected publicly about being labelled an Amy Winehouse fan, as the letter he received alleged that a track by the pop star was found to be linked to his internet account and he complained that he wasn't even a fan of her music." [IPKitten]

Would The Entertainment Industry Follow A Three Strikes Rule Itself?
"The entertainment industry has been increasingly pressuring ISPs to be copyright cops. The "three strikes" approach being pushed in France, the UK, Australia and possibly Canada is one of the more extreme attempts which would have unauthorized file sharers kicked off the internet entirely. Cory Doctorow asks if such companies would accept their own rule with a three-strikes-and-you're-out policy for sending out erroneous copyright notices -- meaning that they lose their own access for sending out three bogus takedown notices. Given that organizations like the RIAA and MPAA have sent takedown notices to laser printers and believe that providing proof of infringement is too hard, why not cut them off from the internet too after three questionable takedowns? Doctorow's proposal is admittedly Swiftian; aside from being entertaining, it highlights the ridiculousness of the whole three-strikes-and-you're-off-the-internet idea. If the entertainment industry wants ISPs to impose a three strikes rule for improper usage, they shouldn't mind being held to the same standard." [TechDirt]

The UK Acts Against File-Sharing Piracy 07.24.2008
"Today, the Financial Times reported a significant development in the fight against online copyright piracy. The U.K. is reportedly ready to announce an agreement between copyright owners and ISPs under which UK ISPs will agree to work to achieve "a 'significant reduction'" in illegal file-sharing. As a first step, the proposal would have ISPs send warning letters to 1,000 prolific illegal downloader per week during the three-month trial period. If that fails to significantly reduce illegal file-sharing, other alternatives would be considered, including a variation of the graduated-response/three-strikes proposal that would eventually disconnect Internet access services of persons who ignore repeated warnings or--of course--another European media levy, this time on internet-access services.

Personally, I hope that the U.K. opts for the graduated-response option. I realize that the usual "public-interest" groups say that disconnecting infringing users after repeated warnings is unfair, but, seriously, as compared to what? Forcing copyright owners to incur thousands of dollars filing John Doe lawsuits that must then be recovered from the families of teenagers and students unless copyright enforcement is to become a money-loosing proposition? Putting college students in jail? Those are the options available to deter illegal file-sharing under existing U.S. law. Are these options honestly less punitive or more enlightened than a graduated-response program? And by the way, libraries also provide access to knowledge, but if you don't follow their rules, they will throw you out and revoke your borrowing privileges. Is that unfair?" [IPCentral]

The internet is not free
"The result of the court action between Google and Viacom is that YouTube will need to police the material that people upload. I used to teach a course to staff at King's College London on copyright law, and one of the main pieces of advice I gave was that contrary to popular belief, content on the internet is not free. Yes, you can access certain information online, but this does not mean that is legal to upload or download it, as the case may be.

It therefore came as no surprise that a US district court judge ruled in favour of Viacom's demands to see who has been uploading their video content on YouTube. Call it payback time. This is part of a $1bn case which Viacom has undertaken to establish whether it is an infringement for YouTube to host copyright material on their website without permission." [Guardian]

How long should music copyright be? | New Music Strategies
"This one’s easy. I’ve been saying this for a while now, and it never fails to get me into an animated discussion. I’ve listened to all the arguments, read all the reports, heard convincing arguments about copyright extension and for complete overhaul of the copyright system.

And I’ve come to the following conclusion: The ideal term of both recording rights and composer’s rights is five years. That’s right: Five. Not 95. Not 75. Not 50 or 25. Five. That number again: 5." [NewMusicStrategies]