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ExtraTorrent.cc > Articles > 300 Irish Received False Infringement Warnings

300 Irish Received False Infringement Warnings

300 Irish Received False Infringement Warnings

Added: Tuesday, June 28th, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Wrongful accusations in copyright infringement have always been a subject for skepticism over the “three-strikes” legislation. Considering that linking an IP address to an individual subscriber is too complicated to be performed by the automated system, it comes as no surprise for skeptics to know that Internet users are wrongfully receiving notification of copyright violation.

ireland-flag.gif

Irish music industry has been pressuring Internet service providers to introduce a “three-strikes” legislation for a while now. About three years ago, it even went to the extreme length of suing one of the country’s broadband providers, Eircom, in a bid to get all ISPs to implement “voluntary” “three-strikes” policy. A year later, Eircom folded to pressure and implemented this regime for its subscribers in 2010, much to the outrage of the community, including the Pirate Party.

There have always been many critics of a “graduated response system”, also known as “three-strikes” regime. First of all, the technical nature of this policy is criticized. Although the rights owners may be able to find an IP address of the infringer, it is a completely different matter of connecting this to a real person. For example, someone can be hijacking people’s IP address through insecure Wi-Fi network – this can even happen to marginally secure wireless networks. Last year, even a special USB device was circulating the Chinese marketplace, which was designed for cracking in to Wi-Fi networks. In other words, someone can be using IP addresses of the others in order to infringe copyright. Moreover, the studies proved that even a printer can be accused of copyright infringement.

Indeed, it came as no surprise to the industry critics that wrongful accusations were being made with a “three-strike” policy present. According to EDRI, 300 Irish users have already received first strike warnings over infringements they never committed. Eircom had to investigate the matter under the Irish IT law, which resulted in the explanation of a “software failure”. The reason for the failure was that the clocks went back last October.

The complaint of 300 users has triggered an investigation of the Data Protection Commissioner, and it is likely that the Commissioner will decide now that using IP addresses to disconnect people from the Internet is considered disproportionate and not “fair use” of personal data. Indeed, the Commissioner is able and even has to issue an enforcement notice preventing ISPs from further use of personal information for such purposes.

Actually, there have been a lot of legal questions over the very idea of “three-strikes” legislation. A few weeks ago, the UN’s Special Rapporteur on freedom of opinion and expression issued a report saying that such law violates the International Covenant on Civil and Political Rights. All this may lead to a crumbling of the copyright holders’ attempt to introduce a global “three-strikes” law.



By:
SaM
June 28th,2011

Posted by: 
SaM

Date:  Tuesday, June 28th, 2011



Comments (6) (please add your comment »)

1
posted by (2011-06-28 15:48:39)
flynner19 avatarman I'm Irish and most ppl who use torrents know to stay away from eircom because they have a load of sites blocked I know I wouldn't use them because they offer crap service. anyway how can clocks going back be to blame for 1st strike letters being sent out and people probably accept this because the company used it as their official statement I mean come on

2
posted by (2011-06-28 15:53:53)
CaptCosmo avatarWhen it comes to tall tales, you can always tell when a Lawyer is lying, his lips move..........

3
posted by (2011-06-28 16:33:53)
slaphead09 avatar@flynner19, I know everyone gripes about Eircom,I have been with Eircom for nearly two years and I have yet to get a warning. Using common sense when downloading helps and so does PeerBlock. But in fairness, I have recently gotten a VPN Router because the Irish Downloading laws are getting a makeover and BBC iPlayer is dead handy. How many sites does Eircom block? I know they block TPB but its not safe to use anymore I think.

4
posted by (2011-06-28 22:03:58)
ic3m4l3 avataryeh u see thats hwat happens when sites get big and go on facebook and stuff they get recognised and isp blok so expect et to be next guys

and really eircom suk why not get a frikin seedbox u can get one a few qwid a month and all data is encrypted from that to ur pc so ur isp sees the amount your downloading BUT NOT WHAT IT IS

5
posted by ET junkieET loverTurtle (2011-06-29 02:37:27)
fusseltier avatar3 strikes would mean 3 times convictions, not just accusations, that is ridiculous.
you can't convict or impose a penalty on someone that has not been proven in court that they actually did something wrong.
the EU should stop that, europe generally has the best personal protection laws.
but like in california, there are people in prison for life for stealing food, candybars, and pot. all of which are ridiculous for any type of prison terms.

what these people are doing is just sending out random letters to hopefully reach someone by accident that is doing it and gets scared and either contacts them or pays just in case.

6
posted by (2011-06-29 08:55:47)
malik1 avatarThanks sam for this intresting read....



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