As if CCTV, and the breakdowns of European freedom wasn't enough, the mediocracy of the EU file sharing legislation has just become another blow to the rights of those whom live in any EU controlled nation. Amendment 138 has been canned and now replaced with a weaker piece of legislation, which is an obvious lobbying effort to enforce the infamous "three strikes" laws to all EU sponsored countries.
Some would consider the new bill, a bit of "appeasing" to the media industry, which has led the tough Telcoms Package, into the EU Parliament. The lobbying done by many entertainment corporations, and hired media insiders, has effectively decided the outcome of the current battle in the Parliament, and thus allowed the new legislation to be granted an official ruling.
The original Amendment 138 had stated that "Applying the principle that no restriction may be imposed on the fundamental rights and freedoms of end-users, without a prior ruling by the judicial authorities, notably in accordance with Article 11 of the Charter of Fundamental Rights of the European Union on freedom of expression and information, save when public security is threatened in which case the ruling may be subsequent." This idea was canned by the EU, in part effectively by the lobbying from the entertainment industry, and their financial efforts to impose their will upon the EU.
Regardless of which nation you live in, or governing body, it is clearly obvious that money talks, and this current debacle is no exception. The new amendment, which is the replacement for the original bill, states " Measures taken by Member States regarding end-users’ access to or use of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons. Any such measures liable to restrict those fundamental rights or freedoms may only be taken in exceptional circumstances and imposed if they are necessary, appropriate and proportionate within a democratic society. Any measures may only be adopted as a result of a prior, fair and impartial procedure ensuring inter alia that the principle of presumption of innocence and the right to be heard of the person or persons concerned be fully respected."
What this means, that if a judge has ordered for a said individual to be disconnected, that their will may be done. Although, the new legislation bears similarities to the French three strikes rulings, in an EU nation, any person can as for a "judicial review", which could perhaps overturn the ruling. Regardless, a person could still be stripped of their rights, and disconnected prior to any review. Many have stated, this should be unconstitutional, in the regard that it prevents a person from being allowed to communicate with others.
Earlier this summer, UK Prime Minister Gordon Brown, had stated that the “Whether it is to work online, study, learn new skills, pay bills or simply stay in touch with friends and family, a fast internet connection is now seen by most of the public as an essential service, as indispensable as electricity, gas and water”. Seems someone is sending the wrong messages.
This is the first ever ruling in the EU, that allows a person to be prevented from the ability to communicate, for any criminal act. Sadly, rapists, con-men, burglars, child molesters, and even murderers whom have served jail time, are not prevented from being able to use the phone, internet, or any other form of communication, yet if you are a file sharer, accused of copyright infringement, you will be disconnected permanently unless a judicial review overturns the decision.
What a world we live in, where a harmless downloading technique is demonized beyond any other crime. It only goes to show that the government is not looking out for the best interests of it's people, and is only looking out for the corporations who pay millions to the government in annual taxes. You too can control people, if you are part of a billion dollar industry.
What's next, we'll cut off your water for taking a piss outside and not using your toilet? Remove the electricity supply from your home for letting your friends charge their cellphone at your residence? Obey, or else face tough acts, regardless if you commit a "real" crime. I think they should probably be worrying about REAL issues, such as poverty, corporate fraud, murder, decaying cities, and focus their attention of solving these problems, but again, I don't pay them millions in revenue each year, nor do solving any of these issues.
A famous movie quote, from Full Metal Jacket, stated "I am so happy that I am alive, in one piece and short. Im in a world of shit... yes. But I am alive. And I am not afraid." Sadly we can continue to "live in a world of shit" or we can fight to make a difference. Remember the lies these elected "Representatives Of The People" have told you, remember the fabrications they have allowed to pass through the Parliament, Congress, or Governing body. Do not ever forget, what they said was important, or more important than your rights as a human being. Election time is coming, and when it does, make them pay, for their lies, their hypocrisy, and for their patronizing the big corporations that have in fact killed the terms "Democracy" and "Freedom". Do you feel "free" anymore? Seems that freedom itself is becoming modern history, and nothing can stop their rampage on our rights.
La Quadrature du Net, which is a French advocacy group, which dedicates itself to keeping you free on the internet, and in effect forcing the governments to respect your rights, has released the following statement, "“Ministers of Member States, who want to be able to regulate the Net without interference from the judiciary, were rushing to kill amendment 138 and put an end to the negotiations. It is a shame that the Parliament’s delegation, and especially rapporteur Catherine Trautmann, was not determined enough to use the political context to assert its authority in the European lawmaking process in order to protect European citizens. Even though it has been an interesting and constructive discussion, amendment 138 has turned, by the lack of courage of the delegation, into the emblem of the powerlessness of the Parliament.”
Even those fighting for your rights, are having their voices unheard, only you the people can make a difference, by voting these ill minded power hungry monopolizers out of any elected office. It is time, that we take back what is rightfully ours, our freedom, and our rights. This epidemic of the "crackdown" on file sharers will never come to an end, nor will file sharing as a whole. We the people, must let our voices be heard. Only you decide your own fate, for your destiny is never pre-determined. Do not allow these people to determine it for you.
October 27th, 2009Posted by: Date:
Tuesday, October 27th, 2009
|another great article by OBS keep them coming bud.|
|posted by |
admin (2009-10-27 20:08:03)
|nice article. i think they cant disconnect all ppl who share or they loose internet users at all :)|
|Exactly, they can't possibly lose that many customers, in fact, even the ISP's themselves have been trying to fight this, saying that it will cost them over 250 Million in "anti-piracy" costs, and the entire Entertainment industry is only losing the same amount even less allegedly to file sharers. So why does it make sense to spend more to fight them than they are even losing? It doesn't.|
|Just out of interest, does anyone know how these laws will affect people with shared interent connections? I share a house with several other people but we all obviously use the same internet connection - if action is taken against one of us will the others also find themselves cut off for no fault of their own? Would this be 'legal'?|
|posted by (2009-10-27 21:24:28)|
|Great read Obs,|
I totally disagree with this law, but if a person does get banned, How could they possibly enforce it?
Your Wife/husband, kids or even your dog could sign up for internet access that you could use.
Every coffee shop, Hotel, Bar etc. have free wireless. I have a lock on my wireless but it seems 70% on my street don,t.
It seems there is more open wireless connections than radio stations these days. I'm really not trying to be funny or downplaying this ridiculous law. But I can't see it being enforceable.
|Nice article OBS as usual. I agree with Snakey B. Trying to enforce this meaningless bill is like trying to enforce a bicycle helmet law. hahaha That'll be the day!!|
|Thanks for the info OBS.|
|posted by (2009-10-29 13:04:11)|
|Another fine example of just how unknowledgeable politicians are. I suspect that most of them would not even know how to turn a computer on much less how any of the technology actually works.|
Politicians lead such busy lives that they simply do not have the time to read every piece of legislation that they have to vote on. How do I know that? They have told me as I have had to work with many politicians over the years. How do they decide which way to vote? Simple they ask their staff.
For us members of public, without the huge bank accounts to buy their time and the ear of their staff, the only way we can voice our disapproval is through the ballot box. Even that can be questionable depending where in the world you live.
I find it rather strange that the corporations that control the entertainment industry are the only ones who are claiming that piracy is costing millions each year. Maybe it is time that they had a good long hard look at themselves. The way things are distributed. The price the end user is forced to pay. The quality of the end product.
I recently read an article online which looked at two groups who both played live concerts on the same night. I cannot remember the names of the groups concerned but one self published the album while the other was through a corporation.
The fans of the self published group were able to buy a copy of the album at the venue if they were willing to wait for a couple of hours. It was also available for sale online with a promise to ship within two working days. I understand this album had all the ambience of the live concert. I believe the price was about a quarter of the price of a regular cd.
The fans of the other group had to wait a whole year and then it was scrubbed to sound like a studio recording. It was reported that the company spent nearly two million dollars promoting this album.
|read this and think if any this will became true|
|posted by (2009-10-30 22:51:14)|
|well why sell ppl 100/100 mb conection any normal human who have that kind off conection downlaod so but if read the fine print it say you may not use your conection for anything that is iligle like download ect|
|posted by (2009-11-07 00:05:37)|
|European Internet users accused of illicit file-sharing will not be disconnected on the whims of the entertainment industries. After an all night session European Union lawmakers agreed on a compromise text. Those accused will be entitled to a â€œfair and impartialâ€ procedure, which will include the right to be heard.|