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Matt
All noise, no signal.
Premium
join:2003-07-20
Jamestown, NC
kudos:12

3 Strikes and You're Out

I don't have a problem with the 3 strikes policy. There HAS to be valid proof and an appeals process however. But if you get 3 legitimate notices for pirating warez/music/movies and you don't learn your lesson ... you never will.


PapaJoe
Just My Two Cents Worth

join:2000-07-05
Chicago, IL

The problem is MPAA would just send out warnings without proof. Historically their tactics have been very shady.



Matt
All noise, no signal.
Premium
join:2003-07-20
Jamestown, NC
kudos:12

said by PapaJoe:

The problem is MPAA would just send out warnings without proof. Historically their tactics have been very shady.
I agree, which is why there has to be an independent organization and an appeals process. I absolutely would not support a 3 strikes system if the MPAA/RIAA/BSA dictated directly to the ISPs who "they" felt were offenders via DMCA letters or whatever form they chose.

There would also have to be strict guidelines around what is considered infringement and what isn't.


Karl Bode
News Guy
join:2000-03-02
kudos:30

Oh what, a system that can be manipulated to frame a printer isn't good enough for you, huh?


Rob_
Premium
join:2008-07-16
Mary Esther, FL

reply to Matt
i do not support the MafIAA.. they are wrong, wrong, wrong.
i do not believe downloading music/movies/etc is considered to be pirating.

because downloading pirated songs actually would encourage people to buy the CD's if the MafIAA didn't fuck up.

we need to explore beyond what's at the top 40 play lists and allow other artists to be heard.

remember, i bought more cd's as a result of me downloading the song from napster before it got ruined.

»phoenixlabs.org/pg2/ is also good protection.

-Rob
--
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Matt
All noise, no signal.
Premium
join:2003-07-20
Jamestown, NC
kudos:12

said by Rob_:

i do not support the MafIAA.. they are wrong, wrong, wrong.
i do not believe downloading music/movies/etc is considered to be pirating.

because downloading pirated songs actually would encourage people to buy the CD's if the MafIAA didn't fuck up.

we need to explore beyond what's at the top 40 play lists and allow other artists to be heard.

remember, i bought more cd's as a result of me downloading the song from napster before it got ruined.

»phoenixlabs.org/pg2/ is also good protection.

-Rob


swhitney2003
Premium
join:2003-06-13
NH

reply to Rob_

said by Rob_:

»phoenixlabs.org/pg2/ is also good protection.
I wish they would release it for Vista. I always use PG2, but sometimes I am on my laptop which has Vista and I'm not able to.

zduice

join:2001-03-03
San Dimas, CA

reply to Matt
Here is the piece that bothers me….
Currently, the **AA organizations are blanketing ISP with DMCA request . These request are processed with practically no evidence. The only proof being presented is that sometime in the past, something was shared and that something has a filename that loosely resembles the title of an item they hold a copyright to. At present, the burden of proof is on me, the accused to utilize my financial resources and prove that this file, for the sake of argument is my kid’s musical recital or perhaps an independent film of my own creation. Why should I have to prove this? Shouldn’t they have to prove my guilt through the preponderance of evidence, which is none except a simple filename.

Should an appeal process exist, it would without a doubt become so backlogged and in turn seemly ineffective. Then we have the question, who would pay for this arbitrating process? …the taxpayers, the ISP’s, the **AA, me? …none are suitable answers.



insomniac84

join:2002-01-03
Schererville, IN

reply to Matt
There is no such thing an independent organization. And who is going to pay for it? The U.S. government(us) so the independent organization can become corrupted by any interest group or the MPAA so the independent organization always sides with them?



KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Reviews:
·AT&T DSL Service

said by insomniac84:

There is no such thing an independent organization. And who is going to pay for it? The U.S. government(us) so the independent organization can become corrupted by any interest group or the MPAA so the independent organization always sides with them?
Exactly. So the three strikes thing should be struck down.

OR should have a clause that says the MAFIAA has to pay any wrongly accused/mistaken notification victim say $100,000.

That may cool their jets.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

reply to Matt
they should have to have absolute evidence that the person was committing the crime.

also since the economy is tougher, the ISP should charge the MPAA/RIAA with a $5,000 filing and research fee when a DMCA request is submitted that does not have a court order from a court local to the person they have in question.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports



KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Reviews:
·AT&T DSL Service

reply to zduice
Remember, we're dealing with people who think that buying a used CD is "stealing" from them or that failing to watch every advertisement = theft of service.

'Tards.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini



pfak
Bow before me for I am root
Premium
join:2002-12-29
Vancouver, BC
Reviews:
·TELUS
·Shaw

reply to Rob_

said by Rob_:

»phoenixlabs.org/pg2/ is also good protection.
Using PeerGuardian is the equivalent of putting on a condom and then stabbing yourself with a bunch of HIV-infected needles.
--
Xenophase - British Columbia's premier online gaming community.

raythompsontn

join:2001-01-11
Oliver Springs, TN
Reviews:
·Comcast

reply to PapaJoe

said by PapaJoe:

The problem is MPAA would just send out warnings without proof. Historically their tactics have been very shady.
So why not just send three DMCA takedown notices to the MPAA's ISP? The ISP would have to shut them down as they could not make exceptions "just because".


SRFireside

join:2001-01-19
Houston, TX

reply to KrK
Sounds to me the three strikes policy should apply to the **ia organizations instead what with all the false lawsuits that are being uncovered lately.



C0deZer0
Oc'D To Rhythm And Police
Premium
join:2001-10-03
Davenport, FL

reply to KrK

said by KrK:

OR should have a clause that says the MAFIAA has to pay any wrongly accused/mistaken notification victim say $100,000,000.

That may cool their jets.
You need to add a few more zeros to that figure before they will be more cautious, bub.


richdelb
Go Hawks Go
Premium
join:2003-01-22
Algonquin, IL

reply to Matt
In my book, any "3 Strikes" policy MUST include SEVERE punishment if the **AA's do not have PROOF. (How about up to $150,000 per incident, per day.)


Rob_
Premium
join:2008-07-16
Mary Esther, FL

reply to pfak
this has mixed reviews but it's better then nothing!


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