Quote:
Originally Posted by Mr Angry
See the already published proposals.
In their draft form they state that once an infringer has initially been notified to the ISP the ISP will issue a first warning. The ISP will then monitor for subsequent / continued infringements and where appropriate issue further notifications explaining that if the account holder "persists the rights-holder may take legal action against them". This is neither the language nor the tact of a third party complainant. Whichever way you look at it (including even the Talk Talk diagram interpretation) it is monitoring on the part of the ISP.
As far as the database question is concerned you have partially answered your own question further down wherein you state "It is up to the rights holders to protect their copyright, not any 3rd party". The rights holders will readily identify infringements rather than afford ISP's the opportunity to suggest that their being required to do so is impractical or an onerous burden on their resources. Moreso now that they have a firm Government commitment to address the issue.
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Those two paragraphs go entirely against each other.
An ISP cannot monitor for future infringements if they do not know what data is infringing. If the rights holders are readily identifying infringements then they are the ones doing the monitoring, not the ISPs.
I've also read all the proposals, and there's nothing in there that I can see that states that ISPs will be made to monitor anything other than the number of notifications sent and to who. Please feel free to point me in the direction of somewhere that does though, and by direction I don't mean just going "read the proposals".
Quote:
Originally Posted by Mr Angry
If, as is already agreed and clearly stated in the proposals, the rights holders have to foot the bill for the issuing of any notices then what do you think Talk Talk's "And they want you to pay for this new scheme" scaremongering regarding some supposed "copyright enforcement tax" is about? Could it be their way of levying a fee to offset their additional monitoring costs?
I think they are playing to the gallery - and handling it very badly.
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The current proposals are aiming towards a 50/50 split between the cost of carrying this out between the rights holders and the ISPs, the levy will simply be to make up the rights holders 50%.
But again, this is all academic, it's only going to effect p2p.