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Ireland: 3 Strikes and out is just not good enough.

Scales of JusticeThe UK Parliament chaired by the dark Lord Mandelson forced through the Digital Economy Bill  designed to give the music industry severe power over the Internet has today received a major blow to the credibility of the act. A Judge at a High Court in Ireland has ruled that the 3 strikes rule just is not good enough.

One ISP, UPC stood defiant of the Irish Recorded Music Association (IRMA) by refusing to cooperate with the 3-strikes agreement which IRMA had negotiated with the largest ISP. The deal meant that the IRMA had to achieve cooperation with all ISPS in order for it to be valid. They stood by their customers, and they were brought to court over it.

Mr Justice Peter Charleton ruled that an injunction against UPC is not possible as Ireland does not have a legal framework to support it and more importantly that it contravines European Law.

References
Softpedia

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Technology

ISPs angry at having to foot the bill of legal action against their customers

Download Bar Once again the digital economy bill is rearing its ugly head. This time, ISPs are facing the ugly prospect of on behalf of rights holders.

Quite why an ISP should be forced to pay for some one else to take legal action against their own customers is beyond me. The government should voluntarily provide the money to pay for these actions – it was their fault this bill past after all. Whilst they are at it , they could save money by not doing it and scrapping the Digital Economy Bill instead.

The rights holders are the ones whom lobbied parliament to bring this into action. Surely when all other plaintiffs of the courts have to fund their own activities in the legal system they should bear the brunt of the draconian tactics.

Consumers can appeal against any threats made by the rights holders via the isp at no cost. For now at least, when there begins to be “too many” claims under the scheme the government will step in and start making profit on the defense claims. Shame on parliament!

Sebastien Lahtinen, co-founder of thinkbroadband.com has concerns over the technical knowledge needed to mount a legal defense against the claims of downloads. The standard of proof should be set that the Right holder must prove beyond a reasonable doubt that the defendant sat in front of his computer and deliberately downloaded the alleged content. Thus the legal defense would be “proof I used the computer” which may not be easy to achieve.

References
PCPro

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Technology

Piracy not as popular as games!

Video Gaming ClubThis might come as a shock to the recording industries association of America RIAA but in studies it has been shown that people are actually spending more time playing games than actually downloading music.

Online gamers have for most consoles the ability to make use of online music and television services such as iPlayer and Beep ITV will soon join the club by becoming available on the PlayStation.Official statistics from the BBC have indicated that the biggest console for its free service is the PlayStation weighing in at 60%.

The trend is moving away from traditional media towards freely available services. This is an important part of the business model of many business whom have successfully ventured onto the world of the Internet. Gaining money through support services and advertising has long been established as a successful way of generating revenue from the Internet.

The numbers suggest that perhaps the RIAA and others will finally achieve what they have wanted: an end to piracy. Most likely they did not count on it also being an end to music sales in the same objective. With content on these services readily available at no extra charge why would consumers wish to purchase a ‘legitimate’ version of the music anymore?

References
Pocket-Lint.com
TechWatch