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Mr Matt

join:2008-01-29
Eustis, FL
kudos:1
Reviews:
·Millenicom
·Embarq Now Centu..
·Comcast
·CenturyLink

1 recommendation

Admit guilt even if you are not guilty of infringement.

Seems unconstitutional to me.

"As of a customer's third and fourth violations, they'll be greeted with a splash screen forcing them to acknowledge the accusation that they've traded a copyrighted file, and unless they click through -- they can't access the Internet."

What does a customer do it they did not download copyrighted material and Time Warner forces them to admit guilt of infringement by blocking their connection to the internet until they do?

What if the person infringing is someone that is visiting and does the dirty deed while you do not have a clue what is going on. The guest downloads infringing files via customers broadband connection without anyone's knowledge, each time they visit. Customer should have a choice of denying infringing and the denial would generate a report of the time, date and identity of the infringement(s). Customer reviews the report and discovers that a guest was visiting each time the infringement occurred. Time to blow the whistle on guest.



kontos
xyzzy

join:2001-10-04
West Henrietta, NY

1 recommendation

acknowledge the accusation is NOT equal to acknowledge guilt



cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7

1 recommendation

reply to Mr Matt

said by Mr Matt:

Admit guilt even if you are not guilty of infringement.

Seems unconstitutional to me.

It's a civil matter between 2 non-government parties, so constitutional issues do not apply.

What does a customer do it they did not download copyrighted material and Time Warner forces them to admit guilt of infringement by blocking their connection to the internet until they do?

Well, they could appeal it. And from the article it sounds like they won't be blocked while it's in appeal.


NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:11
Reviews:
·SONIC.NET
·Pacific Bell - SBC

1 recommendation

reply to Mr Matt

Just click through the damned pages, already. That is no more an admission of guilt than your signature on a speeding ticket is an admission of guilt. By clicking through the offered pages you are acknowledging that you have received notice of an accusation of piracy, and "assimilated" certain BS propaganda disguised as, "educational material". Then you get your Internet access back.

Until an agent of the MPAA/RIAA shows up on your doorstep to serve you a court order to appear before a judge in a court of law, this is just a BS circle jerk you have to work through; a "speed bump" on the Information Highway".
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum



kpfx

join:2005-10-28
San Antonio, TX

1 recommendation

Brings up an interesting point....

I keep an open wireless connection for visitors at my house (openwireless.org). The ISP can't verify that it was actually me that then clicked on that acknowledgement page should it come up.

But that also goes back to the whole problem of this accusation system... that an IP address does not equal a person and is not guaranteed to lead to the person supposedly violating said copyright.


gkloepfer
Premium
join:2012-07-21
Austin, TX

Most ISP TOSs essentially say that the person who is the subscriber to the Internet services is responsible for anything that is done on their connection. If you choose to allow guests or other individuals access to your service, that's OK as long as you assume responsibility for their behavior while using it.

Effectively, the ISP (in this case, Time Warner/RoadRunner) is saying, "You can't use our Internet services to illegally access copyrighted material."

So all this said, yeah, I think the whole thing is absurd, and frankly it seems like it's going to take an awful lot of resources to both detect and enforce this whole thing...resources that could be better spent giving us better service. Thanks a bunch, RIAA (said rich in sarcasm)...



N3OGH
Yo Soy Col. "Bat" Guano
Premium
join:2003-11-11
Philly burbs
kudos:2
reply to Mr Matt

UGH. I love when people pull the old "unconstitutional" horse out of the barn.

The Constitution regulates the relationship between you and the government. It has nothing to do with your relationship with an ISP.

You don't have a Constitutional right to Internet service. If you didn't download the pirated materials (this being the 5th warning) don't click the button that says you did it. It's that simple. Until you settle things otherwise with TW, you have no Internet.

So either you say "screw it" and click through & you pay the price that way, or you don't and you prove to TW you didn't violate copyright laws.

Either way, it's your connection, you're responsible for whatever is downloaded from it. Secure your WiFi, be selective who you give access to it.
--
Petty people are disproportionally corrupted by petty power



joao

@telemar.net.br
reply to kontos

said by kontos:

acknowledge the accusation is NOT equal to acknowledge guilt

joao