Reviews:
 ·Charter
| The US six strike plan The six strike plan will fail, and no ISP would ever cut off a source of revenue. As soon as one ISP does, all its other customers that can jump ship will. Also, since an IP is no longer a person, and the so called "proof" that these notices and companies use now, which are swarm logs of an IP address, is being put to the test in florida, it remains to be seen if this falls flat or gets burnt to the ground. If the Swarm logs are not enough proof of a download, it means that the CCI cannot send out anything citing those swarm logs as proof, since it could be disputed in court that they are not proof of anything. Also, people are ignoring the huge fact that this system is a "guilty until proven innocent" system, which never is in the favor of the accused. Why should an accusation of something even count as anything? |
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Reviews:
·Shaw
| said by Chubbysumo:The six strike plan will fail, and no ISP would ever cut off a source of revenue. As soon as one ISP does, all its other customers that can jump ship will. Also, since an IP is no longer a person, and the so called "proof" that these notices and companies use now, which are swarm logs of an IP address, is being put to the test in florida, it remains to be seen if this falls flat or gets burnt to the ground. If the Swarm logs are not enough proof of a download, it means that the CCI cannot send out anything citing those swarm logs as proof, since it could be disputed in court that they are not proof of anything. Also, people are ignoring the huge fact that this system is a "guilty until proven innocent" system, which never is in the favor of the accused. Why should an accusation of something even count as anything?
I don't the law applies in this case. The system is entirely voluntary by the ISPs. There are no courts or laws that impact the 6 strikes rule. It's a private agreement between the mpaa/riaa and the ISPs.
I agree that is pretty lame and they're no recourse. If I were in an affected area the first thing i would do is support an ISP that didn't agree to the 6 strikes. (hopefully every region has an option like that). |
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Reviews:
·Charter
| said by zod5000:I don't the law applies in this case.
Private companies are still not above the law. They must abide by the law, and still cannot do things that are against the law. Right now, its a grey zone because there is no established case of if their swarm logs constitute enough proof of violation. Literally every case that has ever come up ends up being about the slip of the tongue the downloader makes. The proof they use has never come under scrutiny because it usually never gets that far, OR, they get the accused to self incriminate. The porn case in Florida is pivotal to this whole program, because if their "proof" is not enough to get a judgement in the CR holders favor, it means that it cannot be used by any company in this already somewhat quasi legal six strikes plan. |
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 Camelot OnePremium,MVM
join:2001-11-21
Greenwood, IN
kudos:1 | Unfortunately that just isn't true. Every ISP has terminology in their TOS that allows them to refuse service for pretty much any reason NOT prohibited by law. (they can't refuse you service because you are black, for example) But for any reason not specifically prohibited, they can. So there is no need for the 6 strikes law to hold up in court, and there is no need for them to "prove" you did anything wrong. You have no guaranteed right to be their customer, and that is the only legal claim you could make. |
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KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | reply to Chubbysumo
I think the ISPs right now fear losing safe harbor status if they cannot out lobby the entertainment industry who will try and buy changes to the laws to remove safe harbor if they can.
Naturally with ISPs moving to overage models the ISP divisions of a company will want people to pirate to their heart's content as long as they do not saturate the node. The problem of course is the ISPs are owned by content delivery companies so its basically an internal struggle too. One division sees the net as its enemy and the other sees scheduled TV other than sports as an obsolete relic.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports |
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