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Old 04-04-2010, 14:41   #48
Mr Angry
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re: Digital Economy Act 2010 [Was "DE Bill Not Passed, BiS Consulting Already"]

Quote:
Originally Posted by Chrysalis View Post
Mr angry thats if the isp reasonably suspects.

You still have it wrong.

The new legislation as I understand it will allow isp's been 'told' to disconnect users if a 3rd party suspects. If I am wrong on that bit feel free to tell me.
You are wrong.

With the new legislation, unlike the existing T&Cs, ISPs will not be able to disconnect users simply because they "suspect" (whether reasonably or not) that an infringement "may" have taken place. The DEB will require a process of proof and processing, proper data collection and identification to be put in place - currently this is not a legal requirement and "suspicion" is, in some cases, considered sufficient reason by ISPs.

I have pointed out, repeatedly, the involvement of a third party or instruction by or on behalf of a third party in order for an ISP to disconnect a user / subscriber is not currently, nor has it ever been, a necessary part of the process in order for someone to have their service / connection suspended or terminated on the basis of copyright infringement where an ISP "suspects" such infringements to have occured.

This is stated very clearly in laypersons plain english in the portions of the T&C's which I copied for you above if you'd care to read them.

In effect, the DEB will provide better protection for customers, not less, than the current T&Cs of many, if not all, ISPs.

Under the DEB the IP addresses of infringers will be identified and forwarded to the relevant ISPs, letter(s) will issue, consequent offences will be logged, further correspondence will issue and only the most persistant offenders will be disconnected.

The current system (that of disconnection at the whim of an ISP based purely on "suspicion" as is the case with TalkTalk) - if it were enforced - is a much less formal, fair and balanced system and that is what the ISPs (particularly TalkTalk) have issue with being forced to implement.

If you can be bothered researching these things you'll find that the DEB is not quite as bad as it has been painted to be. Even its initial opponents in the House of Lords have had to concede as much on various elements of same.

Fear mongering on the grounds of rights to privacy, ignorance and a wanton disregard for the intellectual rights, copyrights and the right to be paid for their creative works (together with the rights of those in the ancilliary industries to earn a living) will shortly no longer be tolerated.

You pretending to not understand the situation will not change it.
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