As I understand it, the BPI's 3-strike scheme would not expect or require ISPs to inspect any P2P data. Rather the BPI would obtain "evidence" via third-party "spies" who'd join, for instance, a particular bittorrent swarm and allegedly record the participants' IP addresses which would then be traced back to the ISP with an allegation that the individual had breached copyright.
I can't imagine any court accepting the idea that the IP address had been obtained incorrectly, as participation in the torrent swarm is open to anyone (or any member, in the case of a private tracker).
However (again, to the best of my knowledge) the "evidence" provided by these "spies" have not yet had their methods accepted as accurate or foolproof by a UK court so instead the BPI are seeking the extra-judicial (and much cheaper) route of bullying ISPs into making a disconnection.
---------- Post added at 18:19 ---------- Previous post was at 17:57 ----------
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Originally Posted by ceedee
In the context of the BPI's 3-strikes proposal/threat, it's not the depriving of an individual's connectivity that is a breach of human rights but that it has been deliberately designed to avoid the legal system, that it's arbitrary and has no route for appeal.
Quote:
Originally Posted by Toto
Just to give ceedee his response......Internet access is not a right in my opinion, its a priviledge, you pay for it you get it (albeit slow in many cases, even on the virgin network), you don't, or your break the ISP rules, you can get your access terminated, simple as that. The EU parliament may have voted to that end, I am not sure it will be ratified in the statute books, unless of course that has happened already.
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Are you saying that you think it's perfectly okay for an ISP to disconnect a customer purely due to the unsubstantiated allegation of a third-party agent of a copyright holder who is paid a fee per shutdown without a court's approval and with no right of appeal?
How on earth do you imagine the ISP will defend themselves against a counter-action by the customer?
I apologise if I've misinterpreted your response but it otherwise doesn't seem to query or rebut my statement.