dslreports logo
site
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
509
share rss forum feed


Rickkins

join:2004-04-05
Mtl, Canada
Reviews:
·ELECTRONICBOX
·TekSavvy Cable

Europe: Convictions for filesharing violate human rights....

I wonder if this could effect the voltage thing, by way of legal precedent..??
--------------------------------------------------------------------

The European Court of Human Rights has declared that the copyright monopoly stands in direct conflict with fundamental Human Rights, as defined in the European Union and elsewhere. This means that as of today, nobody sharing culture in the EU may be convicted just for breaking the copyright monopoly law; the bar for convicting was raised considerably. This can be expected to have far-reaching implications, not just judicially, but in confirming that the copyright monopoly stands at odds with human rights.

more....

»falkvinge.net/2013/02/07/court-o···-rights/


MrMazda86

join:2013-01-29
Kitchener, ON

From the sounds of this, I think you may be onto something there. What I wonder though is if this will be able to be put into place in Canada under the Canadian Charter of Rights and Freedoms s.2(b) where it outlines that everyone has the fundamental freedom of "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication". It would seem to me that the same basis would hold true here, but until it gets brought through the Canadian courts, that decision could still technically fall either way.

What's more interesting is that further on in the charter in s.8, it clearly outlines that "Everyone has the right to be secure against unreasonable search or seizure." Reasonably, one could argue that obtaining the merits to search a person's computer for evidence of such a copyright claim could be a breach of this very clause on the ground that an IP address alone may establish a link to a subscriber's connection or device, but does not necessarily identify the end-user themselves, so I think it will be interesting to see how the decisions play out in the Canadian courts.



Rickkins

join:2004-04-05
Mtl, Canada
Reviews:
·ELECTRONICBOX
·TekSavvy Cable

Given this

----------------------------------------------------------------
The European Court of Human Rights in Strasbourg is no dismissible small player. It is the court that oversees the European Convention on Human Rights (ECHR), which is part of the Constitution of the European Union and of most European states. When this court makes a decision, that decision gets constitutional status in all of Europe
----------------------------------------------------------------

I think the effect could very well be felt here, even if not immediately....