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European Parliament Buries Three-Strikes Legislation

Posted: 26th Sep, 2008 By: MarkJ
The European Parliament has canned a number of controversial amendments to its updated 'Telecoms Package', which could have resulted in ISPs being forced to disconnect customers for involvement in illegal file-sharing of copyright material.

The "Three-Strikes" style proposal would have involved giving customers warnings, followed by a possible temporary account suspension, with complete disconnection to follow if the activity persisted. We explained this in more detail with our 'To Ban or Not to Ban (Illegal File Sharers)' article during March.

It's understood that two amendments, opposing disproportionate sanctions (i.e. cutting off your connection) and supporting the importance of open access to digital content, were voted through. Measures that could have obliged ISPs to enforce copyright were also voted out.

Naturally campaigners are pleased with the vote and point to the fact that both amendments seek not to restrict users where limitations may conflict with fundamental rights; emphasising a proportionate response against those breaking the law. To put it another way, restrictions that risk infringing a users rights must first be ruled on by a judge.

Interestingly a proposal aimed at encouraging regulators to oversee a joint industry solution process between ISPs and the content industry was dropped without a vote. However the vote will have little impact over this side of the channel, where the bill has barely any influence and a voluntary solution between the content industry and six of the country’s largest ISPs (original news) is already being trialled.
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