[Fsfe-ie] meeting tonight topic: govt puts music-hype industry in charge of Internet?

Ciarán O'Riordan ciaran at member.fsf.org
Tue Dec 20 07:37:23 CET 2011

Here's something to discuss at tonight's IFSO meeting.[0]

The first quoted article below is confirmation that there are efforts
under way to give the music-hype industry control over the Internet in
Ireland.  The second two quotes give ideas for how to make a legal
argument against this.

It'd also be worth researching the status of the "mere conduit"
protection that ISPs have.  It sounds good, but how did France deal with
this when they were preparing their 3-strike law?

(Is this an IFSO topic?  By giving copyright-holders power over
technology, does this set harmful precedents which could support DRM?)

Two articles from December 19th:


   "Minister of State for Enterprise Seán Sherlock is to publish an
   order early in the new year that is expected to allow music
   publishers, film producers and other parties to go to court to
   prevent internet service providers from allowing their customers
   access to pirate websites."


   "The Data Protection Commission has given Eircom 21 days to respond
   to its decision to instruct the operator to halt its ‘three strikes’
   policy against music piracy."

And a European Court of Justice ruling from November 24th:


   "EU law precludes the imposition of an injunction by a national court
   which requires an internet service provider to install a filtering
   system with a view to preventing the illegal downloading of files.
   Such an injunction does not comply with the prohibition on imposing a
   general monitoring obligation on such a provider, or with the
   requirement to strike a fair balance between, on the one hand, the
   right to intellectual property, and, on the other, the freedom to
   conduct business, the right to protection of personal data and the
   freedom to receive or impart information."

[0] Meeting: Dec 20th, 8pm, The Long Stone, 2 Townsend Street, Dublin 2

+32 485 118 029 (<-NEW),

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